Nishant @ Nishant Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70703 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- VISHNUPAD District- Gaya ====================================================== NISHANT @ NISHANT KUMAR @ GOLU, aged about 28 years, Male, Son of Muarai Prasad, Resident of Mohalla - New Sadak, Maulaganj, P.S.- Vishnupad, District- Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr.Ravindra Kumar Sinha, Adv.

For the Opposite Party :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Vishnupad P.S. Case No. 39 of 2019, registered under Section 304B of the Indian Penal Code.

The accusation is that marriage of Puja Devi, daughter of the informant, was performed with the petitioner in the year 2014, while she was kept for some days properly, but, thereafter, she was being tortured for demand of dowry. On 26.02.2019, informant came to know from local people that his daughter has been burnt. It is, further, alleged that his daughter, due to wedlock with the petitioner, has two children, namely, Prannu Soni, aged about three years, and Anal Soni, aged about one year. Submission is that petitioner is the husband of the deceased, Puja Devi, daughter of the informant. In fact, she sustained burn injury in course of cooking the meal and

Patna High Court CR. MISC. No.70703 of 2019(3) dt.02-03-2020 2/2 petitioner at the time also tried to extinguish the fire in which he also sustained burn injury, which would appear from Annexure 2, which is obtained by the petitioner under the Right to Information Act by giving application by the father of the petitioner. After sustaining injury the deceased-wife of the petitioner was rushed to hospital, but, she died and, thereafter, post mortem was also conducted, which is obtained by the police, as detailed in paragraph 33 of the case diary. The petitioner is in custody since 26.06.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Vishnupad P.S. Case No. 39 of 2019 to the satisfaction of the Chief Judicial Magistrate, Gaya.

(Rajendra Kumar Mishra, J) Shamshad/- U T