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.
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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
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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.