Manish Kumar Raushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76255 of 2019 Arising Out of PS. Case No.-205 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== MANISH KUMAR RAUSHAN S/o Manoj Kumar Poddar Resident of Near D.P.S. School, Teghra, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Adv For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP For the Informant : Mr.Jai Kishor Poddar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 304(B) of the I.P.C. Petitioner is husband of the victim of dowry death. Allegation is of demand of dowry and torture for the same and for non-fulfillment of demand, death was caused. Learned counsel for the petitioner has relied on the dying declaration of the victim recorded in her diary (daily notes) wherein she has specifically mentioned that petitioner and other inlaws are not responsible for her suicide. The postmortem report does not reveal any sign of use of force against the victim rather ligature mark found was result

Patna High Court CR. MISC. No.76255 of 2019(3) dt.16-03-2020 2/2 of hanging. Petitioner is in custody since 03.06.2019. Investigation of the case is already complete. Learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid facts especially the fact that the dying declaration of the victim has not been controverted at any stage of the investigation or thereafter by the informant, hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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 Teghra P.S. Case No.205 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case as well as the petitioner shall not leave the country without permission of the learned Trial Court, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T