Ashok Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24531 of 2016 Arising Out of PS.Case No. -355 Year- 2015 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== ASHOK SONI son of Sri Keshwar Soni, resident of Village- Murli, Pipra, P.S. Shikarpur, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-07-2016 Heard learned counsel for the parties.

The petitioner being the husband of the victim is languishing in custody since 12.4.2016 in a case registered for the offences punishable under sections 498A, 302, 201/34 of the Indian Penal Code.

Prosecution case is that the daughter of the informant Reena Devi was married with the petitioner on 20.2.2007. Two sons were born from the wedlock but the daughter of the informant was subjected to cruelty by the petitioner and his other family members. Earlier the dispute was resolved between the parties on 10.3.2012 by the Municipal Ward Commissioner but on 7.8.2015 the informant received information that the accused persons have assaulted his daughter. Thereafter the informant rushed to matrimonial house of his daughter and on enquiry from the villagers came to know that his daughter has been killed

Patna High Court Cr.Misc. No.24531 of 2016 (3) dt.25-07-2016 and her dead body has been disposed of.

It is submitted by the learned counsel for the petitioner that the victim died due to illness and maliciously this case has been lodged by the informant. It is further submitted that the investigation has already concluded.

Learned A.P.P. after going through the case diary submits that there is no eye witness to the occurrence but at the same time there is no medical prescription available on record to suggest that the victim died due to illness.

Considering the fact that the investigation has already concluded and the fact that there is no eye witness to the occurrence, let the petitioner, abovenamed, 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 the Chief Judicial Magistrate, West Champaran at Bettiah in Shikarpur P.S.Case No. 355/2015.

It appears from the record that the case was registered on 8.8.2015 and the petitioner surrendered on 12.4.2016. Under the circumstances, the learned court below shall cancel the bail bonds of the petitioner if the petitioner defaults for two consecutive occasions.

(Dinesh Kumar Singh, J) Surendra/- U

Patna High Court Cr.Misc. No.24531 of 2016 (3) dt.25-07-2016