Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35318 of 2018 Arising Out of PS. Case No.-117 Year-2017 Thana- LAKHISARAI District- Lakhisarai ====================================================== Mukesh Kumar Son of Yogendra Roy Resident of Village - Punjabi Mohalla, P.S. - Kawaiya (Lakhisarai), District - Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar Shukla For the Opposite Party/s :

Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Lakhisarai Kawaiya PS Case No.117 of 2017 registered under Sections 304(B)/120(B) of the Indian Penal Code. Allegation in brief is that marriage of the daughter of the informant was solemnized with the brother of the petitioner in the year 2014, after marriage she was tortured for further demand of dowry and it is alleged that on the day of occurrence, the daughter of the informant was in the house of the informant and phone call was made by her husband making demand of dowry thereafter the daughter of the informant locked the room from inside and committed suicide.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.35318 of 2018(2) dt.20-06-2018 2/2 petitioner is the elder brother of the husband of the deceased and except general allegation of making demand of dowry, there is nothing specific against him, the FIR itself clearly indicates that the wife of the informant heard the conversation in between the son-in-law and her daughter making demand of dowry but it is strange that she could not hear the reply of her daughter; whereas learned counsel for the informant opposes the prayer of bail and submits that the allegation of making demand is also against the petitioner.

Having considered the aforesaid facts and circumstances especially the specific accusation made in the FIR against the husband and not against the petitioner, so petitioner Mukesh Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Lakhisarai in connection with Lakhisarai Kawaiya PS Case No.117 of 2017.

(Arun Kumar, J) S.KUMAR/- U T