Shushant Bhagat @ Guddu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6399 of 2018 Arising Out of PS.Case No. -108 Year- 2017 Thana -BIRPUR District- SUPAUL ======================================================

1. Shushant Bhagat @ Guddu Bhagat, son of Rajendra Bhagat @ Raju Bhagat, resident of Village- Bhim Nagar, P.S. Birpur, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Navjot Yeshu For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 120B, 201 and 494 of the Indian Penal Code.

Petitioner is in custody since 25.05.2017. He is husband of the victim of murder. The FIR lodged by the father of the victim would reveal that there was matrimonial dispute between the two which resulted in compromise. However, subsequently, the husband married with some other girl and for that reason murder of the victim was committed. Submission is that there is no eye-witness of the occurrence of murder. There is no allegation of any illegal demand. Hence, presumption of dowry death

Patna High Court Cr.Misc. No.6399 of 2018 (3) dt.26-03-2018 2/2 is not there. Investigation of the case is already complete and the petitioner is ready to cooperate with the trial. Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Birpur Police Station Case No. 108 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T