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Patna High CourtCR. MISC./14774/2015bail granted

Raj Kumar v. The State Of Bihar

2015-08-28Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14774 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -GAYA GRP CASE District- GAYA ======================================================

1. Raj Kumar Son of Surendra Prasad, R/o Village- Akhtiyarpur, P.S.- Parasbigha, District- Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyameshwar Kumar Singh For the Opposite Party/s : Mr. Dr.Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 17.11.2014 in a case registered for offences punishable under Section 304B/34 of the I.P.C.

Prosecution case is that deceased Khusbu Kumari had been married with this petitioner on 11.05.2014 and after marriage, she was living at her in-laws house, situated towards south of new Civil Court, Kalinagar, Jehanabad and petitioner's mother, father and sister Seema Kumari were also living there at Aktiyarpur and all were always giving taunt to deceased that her father is miser and he had not given a gold chain and computer, which allegedly was agreed to be given by the informant.

Patna High Court Cr.Misc. No.14774 of 2015 (3) dt.28-08-2015 2/3 It is also alleged that when the deceased became sick and on information given by the deceased, the informant visited at Jehanabad and medically treated his daughter and left his daughter at her Jehanabad residence. It is also alleged that due to continuous cruelty and torture, deceased committed suicide at railway station, Jehanabad.

It has been submitted by the learned counsel for the petitioner that the police authorities lodged a case bearing U.D.Case No. 43/2014 on 21.08.2014 stating therein that they came to know that victim has died while she boarding in train which was to go to Patna. It was further submitted that the petitioner is innocent and on 20.08.2014 the petitioner had gone to Ranchi in connection with his interview in Cyrin Technology Pvt. Ltd. Company as stated by an independent witness Vijay Kumar which finds place at para- 136 of the case diary. In view of the facts and circumstances, let the petitioner, namely, Raj Kumar be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Gaya in connection with Rail Jehanabad P. S. Case No. 47/2014.

However, since charge sheet has already been

Patna High Court Cr.Misc. No.14774 of 2015 (3) dt.28-08-2015 3/3 submitted , let the trial be commenced and concluded within a period of one year by the learned Trial Court. (Nilu Agrawal, J) Sudha/- U T