Ashish Sarkar @ Sonu Sarkar v. The State Of Bihar

Patna High Court Cr.Misc. No.21997 of 2016 (3) dt.27-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21997 of 2016 Arising Out of PS.Case No. -258 Year- 2014 Thana -KATEYA District- GOPALGANJ ====================================================== Ashish Sarkar @ Sonu Sarkar, S/o Sri Anil Sarkar, resident of village and P.S. Kateya, District - Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Kateya P.S. Case No. 258 of 2014, registered under Sections 304(B) and 201/34 of the Indian Penal Code.

The accusation is of killing of daughter of the informant by her husband and in-laws due to non-fulfillment of demand of motorcycle and cash of Rs.50,000/-. Learned counsel for the petitioner submits that it would appear from the F.I.R. that at the time of occurrence petitioner used to reside at Delhi in connection with his education. It is further submitted that, in fact, deceased, who is the wife of the petitioner, was suffering from chest pain and she was taken to

Patna High Court Cr.Misc. No.21997 of 2016 (3) dt.27-07-2016 New Primary Health Centre, Pakha, for treatment, from where, she was referred to District Hospital, Deoria, but she died in the way and the information was given to the informant and the family members of the informant also participated in the funeral ceremony of the deceased but due to ulterior motive informant lodged the present case. It is further submitted that petitioner is in custody since 04.11.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Kateya P.S. Case No. 258 of 2014. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T