Shiv Ram Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77854 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- UJIYARPUR District- Samastipur ====================================================== SHIV RAM PATHAK Son of Sushil Pathak @ Sushil Kumar Pathak Resident of Village- Belari, P.S.- Ujiyarpur, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar Jha For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Ujiyarpur P.S. Case No. 138 of 2019 (Sessions Trial No. 536 of 2019), disclosing the offence under Sections 304(B) of the Indian Penal Code.

The petitioner is the husband of the deceased. They were married nearly three years before the alleged date of occurrence. The deceased died of burn injuries. On perusal of the First Information Report, it transpires that there is allegation of demand of dowry and torture therefor, by the in-laws of the deceased. The allegation of demand of dowry and torture is not specific rather vague in

Patna High Court CR. MISC. No.77854 of 2019(3) dt.06-03-2020 2/3 the First Information Report.

The charge sheet has been submitted by the Police on completion of investigation for offence punishable under Section 304B of the Indian Penal Code.

Case diary has been received. In response to a query made by this Court, learned Additional Public Prosecutor has failed to point out any material from the case diary to suggest the date and time of demand of dowry by the in-laws and torture therefor. None of the witness in course of investigation appear to have disclosed as to what item was being demanded as dowry and what kind of torture was meted out to the deceased. In that background, learned counsel appearing on behalf of the petitioner has submitted that the basic ingredient to constitute offence under Section 304B of the Indian Penal Code of demand of dowry, soon before the date of death, is absent. I find some substance in the submission advanced on behalf of the petitioner. The petitioner is in custody since 01.07.2019.

Considering the above, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned A.D.J.,

Patna High Court CR. MISC. No.77854 of 2019(3) dt.06-03-2020 3/3 Dalsingsarai, Samastipur, in connection with Ujiyarpur P.S. Case No. 138 of 2019 (Sessions Trial No. 536 of 2019), subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T