High Court Patna High Court - Orders

Dhananjay Kumar vs The State Of Bihar on 27 June, 2011

Patna High Court – Orders
Dhananjay Kumar vs The State Of Bihar on 27 June, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CR. APP (DB) No.437 of 2011
                  Dhananjay Kumar, son of Late Ram Bahadur Ram, resident
                  of village-Jamhore, Police Station-Jamhore, District-
                  Aurangabad(Bihar)........................................Appellant.

                                                    Versus

                  The State Of Bihar.......................................Respondent.

                                                  -----------

5. 27.6.2011. This case has been placed for consideration of

prayer for bail of the appellant after receipt of the Lower Court

Records.

Learned counsel for the appellant submitted that the

initial version was that initially Rs.10,000/- was given for the

treatment of his daughter by the informant and when it was

demanded the occurrence had taken place. It has also been

submitted that as there is no demand of dowry, the case would

not come under Section 304-B of the Indian Penal Code.

It appears that subsequently a protest petition was

filed and the allegation with regard to the demand of dowry

was levelled. In the initial version given in the fardbeyan,

there is no mentioning of allegation of demand of dowry. It

also appears that the victim was taken away to different

hospitals for treatment.

Considering the fact that the appellant, Dhananjay
2

Kumar, is in custody for about 5 ½ years, during the pendency

of this appeal, he is directed to be released 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 Additional Sessions Judge, F.T.C.-V, Aurangabad, in

connection with S. Tr. No.264/1999/174/2010 (arising out of

Jamhore P.S. Case No.96/1999).

(Shyam Kishore Sharma, J)

(Rajendra Kumar Mishra, J)

P.S.