Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64829 of 2018 Arising Out of PS. Case No.-285 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Manish Kumar, Son of Sri Ram Bharosa Rai, Resident of Chunari Kuan, P.S.- Phulwari, District- Patna.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Bahadur Singh, Sr.Advocate with Smt. Shashi Priya Pathak, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya, APP For the Informant : Mr. Kamlesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2018 Petitioner prays for bail in connection with Phulwarisharif P.S.Case No. 285 of 2018 registered for the offences punishable under Sections 304B, 120B and 34 of the Indian Penal Code.

Allegation against the petitioner is of committing dowry death to the deceased and petitioner happens to be husband of the deceased.

Submission of learned counsel for the petitioner is that death caused due to hanging and dead body was recovered after breaking the door and furthermore there is no allegation of demand of dowry against the petitioner and petitioner was arrested at the spot and he is in custody since 21.4.2018. Heard learned APP and learned counsel for the

Patna High Court Cr.Misc. No.64829 of 2018(3) dt.22-11-2018 2/2 informant, who has opposed the prayer for bail on the ground that death is within one year of marriage and in unnatural circumstances. However, on query learned counsel for the State has admitted the fact that there was no injury found on the person of deceased.

Having heard both sides and in the facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XV, Patna, in connection with Phulwarisharif P.S.Case No. 285 of 2018, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T