IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16032 of 2011
Kanhaiya Chouhan
Versus
The State Of Bihar
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03/ 11.08.2011 Heard learned counsel for the petitioner as well as
learned Addl. Public Prosecutor for the State.
Petitioner being husband of the deceased is in jail custody
since 27.11.2010 in a case registered under section 304B/34 of the
IPC on the basis of the information given by chaukidar.
Admittedly, in the first information report, there is no
allegation of demand of dowry rather it is stated that deceased was
unable to produce any offspring and on account of the aforesaid
inability, she was subjected to cruelty and harassment by the
petitioner and his other family members.
In course of investigation, statement of one Matiya Devi
was recorded and she disclosed that the petitioner and his other
family members had demand Rs 50,000/- and when the aforesaid
demand was not fulfilled, the deceased was subjected to cruelty and
harassment.
Para 39 of the case diary reveals that no external injury
was found on the person of the deceased and opinion regarding her
death was kept reserved till receipt of FSL report.
It also appears from perusal of the case diary that some
witnesses stated before the Investigating officer in course of
investigation that deceased died of diarrhoea.
Taking into consideration the aforesaid facts and
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circumstances as well as submissions of the parties, let the
petitioner, Kanhaiya Chouhan, be released on bail on furnishing
bail bonds of Rs 10,000/- with two sureties of the like amount each
to the satisfaction of the Fast Track Court No. V, Gopalganj in
Sessions Trial no. 534/2010 arising out of Gopalpur P.S. Case no.
42/2010.
shahid (Hemant Kumar Srivastava,J)