IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24399 of 2009 SUNIL KUMAR son of Jawahar Singh Resident of village Gurura,P.S.Kudra,Distt.Kaimur (Bhabhua) Versus STATE OF BIHAR ----------- 2/ 13.08.2009 Heard learned counsel for the petitioner, learned Addl.P.P. and learned counsel appearing for the complainant/informant. The petitioner seeks bail in a case which has been registered for offence under Section 302/34 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act. The petitioner is named accused of the case besides two more unknown persons. Initially a complaint was filed which was referred to Police and the present first information report has been registered regarding murder of complainant’s daughter. Complainant has alleged that her daughter has been killed because she was not in a position to fulfill other huge demands made by the petitioner. The complainant’s daughter was beaten and sustained injuries on 15.8.2007 but she died on 23.8.2007.The complaint was filed on 10th September,2007 with regard to the occurrence which had taken place on 15.8.2007 and 23.8.2007. Prior to the present complaint, fardbeyan of the husband of the informant of this case was recorded by the police in P.M.C.H. Emergency Ward on 23.8.2007 i.e. after death of his daughter in which he described the manner in which his daughter was killed by unknown persons. Submission is that first version is of the husband of the - 2 - complainant/informant in which he has not named his son-in-law i.e. the petitioner. Later on the petitioner has been implicated by her mother-in-law. While opposing the prayer for bail of the petitioner, learned counsel appearing for the complainant/informant has submitted that the husband of the informant after death of his daughter was mentally upset, so he could not give name of any person as the assailant of his daughter. The fact remains that husband of the complainant/informant has not named the petitioner in any capacity though according to the informant/complainant, he has seen the occurrence. Considering the facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Krishna Mohan Srivastava, Additional Sessions Judge, Fast Track Court No.1/concerned court, Patna in connection with Sessions Trial No. 2611 of 2008 arising out of Rupaspur P.S.Case No. 24 of 2008. Md.S. (Shyam Kishore Sharma,J.)