Md. Salauddin @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15219 of 2015 Arising Out of PS.Case No. -249 Year- 2014 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Salauddin @ Guddu S/o Md. Kashim, r/o Vill.- Raghawta, P.S. Raxaul, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the victim and according to the first information report itself, the marriage of the petitioner was solemnized with the victim of the present case in the year, 2002 but in spite of that, the case was registered u/S 304(B) of the Indian Penal Code. However, after investigation, police submitted charge sheet u/S 302, 201/34 of the Indian Penal Code.

It would appear from perusal of the first information report as well as statements of witnesses, recorded in course of investigation that none has seen actual killing of the deceased and the prosecution case hinges upon circumstantial

Patna High Court Cr.Misc. No.15219 of 2015 (6) dt.28-09-2015 2/2 evidence.

Considering the above-said submission as well as facts and circumstances of the case, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Raxaul P.S. Case No. 249 of 2014 to the satisfaction of Sri learned Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran.

(Hemant Kumar Srivastava, J) A.K.V./- U T