Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83620 of 2019 Arising Out of PS. Case No.-296 Year-2019 Thana- BIKRAM District- Patna ====================================================== BANTI KUMAR Son of Late Shukul Prasad Resident of Village and P.SBikram, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2019 Heard both sides.

The petitioner seeks bail in Bikram P.S. case No. 296/ 2019 registered under Section 304B, 302/34 of the IPC. The informant, brother of the deceased, alleged that his sister was married to Pintu Kumar in the month of December, 2015. His sister lived happily for one year in her Sasural but thereafter her husband and other in-laws started demanding a four wheeler and due to non-fulfillment of demand of dowry the husband and other in-laws were torturing the deceased. On 07.09.2019 the informant got information that condition of his sister is precarious and when the informant went to the house of his sister he found dead body of his sister lying in Verandah. The informant further alleged that the husband, brothers-in-law and sisters-in-law of the deceased killed her by poisoning her.

The learned counsel for the petitioner submits that the petitioner is younger brother of the husband of the deceased. The deceased was married with Pintu Kumar in the year 2015

Patna High Court CR. MISC. No.83620 of 2019(2) dt.17-12-2019 2/2 and the deceased never complained ill treatment at the hands of the petitioner after 2015 and before her death. The petitioner is living separately from his brother. Save and except suspicion there is no material to show that petitioner ever tortured the deceased. No external injury was found on the person of the deceased and this fact shows that deceased herself committed suicide after consuming poison.

Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that informant did not allege any facts showing that petitioner ever demanded any dowry or tortured his sister after marriage and before her death, the petitioner, who is brother-in-law of the deceased, above named is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Danapur, Patna in connection with Bikram P.S. case No. 296/ 2019. (Prabhat Kumar Jha, J) BKS/- U T