Alok Kumar @ Bambam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44317 of 2018 Arising Out of PS. Case No.-164 Year-2017 Thana- JHAJHA District- Jamui ====================================================== Alok Kumar @ Bambam S/o Shashi Bhushan Prasad @ Chandra Shekhar Yadav, R/o Vill.- Barajore, P.S.- Jhajha, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sourendra Pandey For the Opposite Party/s :

Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Jhajha P.S. Case No. 164 of 2017 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Informant is the brother of deceased, who in his written complaint has stated that the marriage of his sister was solemnized with Alok Kumar @ Bambam (petitioner) in the year 2010, but after marriage she was being tortured and assaulted for non-fulfillment of demand of dowry. On 22.06.2017 he received information on mobile from the petitioner about death of her sister. After hearing, he alongwith other persons reached there and found his sister lying

Patna High Court Cr.Misc. No.44317 of 2018(3) dt.27-09-2018 2/2 dead on the cot. He suspects that petitioner and other co-accused persons killed his sister due to dowry and in order to show it as suicide kept her body on the railway track.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that deceased had gone to attend the call of nature and accidentally came under the train. It has been further submitted that informant has filed petition before the S.D.J.M., Jamui, in which he accepts that he lodged the case as he got disturbed upon seeing the dead body of his sister but later he was informed that she died due to accident by train. Petitioner has no criminal antecedent and he is in custody since 22.04.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui, in connection with Jhajha P.S. Case No. 164 of 2017.

(S. Kumar, J) veena/manoj U T