Tun Tun Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.37722 of 2014 (3) dt.29-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37722 of 2014 Arising Out of PS.Case No. -96 Year- 2014 Thana -JANDAHA District- VAISHALI (HAJIPUR) ====================================================== Tun Tun Kumar Singh, son of Late Harendra Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Abhay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is husband of the deceased and he is languishing in jail custody since 23.04.2014 in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The marriage of petitioner was solemnized with deceased on 18.02.2014 and admittedly, deceased was caught in fire at her matrimonial home on 22.04.2014 and she was taken to hospital on the same day but could not be saved and she died in course of her treatment.

In course of investigation, co-villagers of the petitioner stated before the investigating officer that after the alleged occurrence when they reached at the home of the petitioner

Patna High Court Cr.Misc. No.37722 of 2014 (3) dt.29-01-2015 deceased disclosed that she was caught in fire while cooking meal. Furthermore, I find that informant as well as his other family members very categorically stated about the illegal demand as well as torture said to be meted out to the deceased by the petitioner as well as his other family members but one of the striking features of this case is that the informant got information regarding the alleged occurrence through the petitioner and the aforesaid fact has been admitted by the informant in his ferdbeyan itself and it is also an admitted position that just after the alleged occurrence, deceased was taken to hospital for treatment by the petitioner and others.

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, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 96 of 2014.

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