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Patna High CourtCR. MISC./25591/2015bail granted

Jitendra Singh v. The State Of Bihar

2015-12-10Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25591 of 2015 Arising Out of PS.Case No. -111 Year- 2014 Thana -PHULWARIA District- GOPALGANJ ======================================================

1. Jitendra Singh son of Hari Shankar Singh Resident of village- Majirawan Kala Tola Bharpurwa, Police Station- Fulwaria, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-12-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the informant's daughter. Initially, the case was registered under Section 304B/34 of the Indian Penal Code but after investigation, police found the case true under Section 302/34 of the Indian Penal Code. The contention on behalf of the petitioner is that marriage of petitioner had taken place with informant's daughter in the year 2006 and according to prosecution case, she died in the year 2014 and, therefore, no case under Section 304 B of the Indian Penal Code is made out. It is further contended by him that as a matter of fact, the informant's daughter was under chronic depression and she committed suicide along with her two minor

Patna High Court Cr.Misc. No.25591 of 2015 (6) dt.10-12-2015 2/2 children. It is further contended by him that there was no occasion before the petitioner to set his two minor children on fire along with the deceased.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Fulwaria P.S. Case No. 111 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T