Patna High CourtCR. MISC./33636/2018bail granted

Rajesh Singh v. The State Of Bihar

2018-06-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33636 of 2018 Arising Out of PS.Case No. -138 Year- 2016 Thana -SAHIYARA District- SITAMARHI ======================================================

1. Rajesh Singh S/o Ram Babu Singh, R/o Vill.- Harkesh, P.S.- Sahiyara, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Sri Chaubey Jawahar For the informant : Mr. Naresh Chandra Verma. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-341, 323, 307, 498A/34, in which, later on, Section304(B) of the Indian Penal Code was also added. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-03-2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. The petitioner is Bhainsur of the deceased. He is separate in mess and property from husband of the deceased. The first statement of the deceased was recorded vide Annexure-2

Patna High Court Cr.Misc. No.33636 of 2018 (2) dt.19-06-2018 before the concerned police officer i.e. dated 30-10-2016 wherein she has admitted that she caught fire by cooking. The death is said to be an accidental death. The husband of the deceased is in custody.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, 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 Chief Judicial Magistrate, Sitamarhi in connection with Sahiyara P.S. Case No. 138 of 2016.

(Sudhir Singh, J) A.K.V./- U T