Nabendu Kumar Vatsya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4595 of 2020 Arising Out of PS. Case No.-24 Year-2019 Thana- BELSAND District- Sitamarhi ====================================================== NABENDU KUMAR VATSYA Son of Shesh Kumar Singh Resident of Ward No. 7 Manchi, P.O.- Bhandari, P.S.- Belsand, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-05-2020 Heard learned counsel for the parties.
2.This application for regular bail arises out of Belsand P.S. Case No. 24 of 2019, disclosing offences punishable under Sections 302,201/34 of the Indian Penal Code. The petitioner is husband of the deceased who is in custody since 14.11.2019. It is alleged in the First Information Report that the petitioner and other members of the family used to pressurize the deceased to hand over to the persons named in the First Information Report, her entire earnings from salary, which she used to receive as Primary Teacher. It is further alleged that the petitioner and his family members used to make demand of dowry. According to the prosecution case, the petitioner and his family members burnt the deceased alive.
Patna High Court CR. MISC. No.4595 of 2020(3) dt.28-05-2020 2/2 Mr. Ramakant Sharma, learned senior counsel appearing on behalf of the petitioner has submitted that chargesheet has been submitted by the police under Section 306 of the Indian Penal Code and there is no material collected in course of investigation to make out offence under Section 302 of the Indian Penal Code.
Considering the aforesaid submission particularly the fact that the police have submitted charge-sheet under section 306 of the IPC and there is no allegation of abetment to commit suicide, this application is allowed.
Let the petitioner above-named 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 learned Additional Chief Judicial Magistrate-I, Sitamarhi in Belsand P.S. Case no. 24 of 2019.
(Chakradhari Sharan Singh, J) arun/- U