Sriman Yadava @ Sriman Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7752 of 2019 Arising Out of PS. Case No.-159 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== SRIMAN YADAVA @ SRIMAN SINGH, S/o Chandrama Singh. Resident of village- Majhuee, P.S.- Shivsagar (Baddi), District- Rohtas. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surender Prasad Singh For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 304B, 120B and 201 of the Indian Penal Code.
The wife of this petitioner died in unnatural circumstances in her matrimonial house within few years of her marriage. The postmortem report reveals that she had sustained severe burn injury from top to bottom and she was pregnant at that time.
There is no allegation of demand of dowry and torture of the same before her death, either in the F.I.R. or in the evidence of witnesses examined during investigation of the case. Rather some of the witnesses stated that since there was dispute between the husband and wife for not allowing the wife to go to her parents house, the
Patna High Court CR. MISC. No.7752 of 2019(4) dt.25-04-2019 2/2 victim committed suicide by hanging herself after locking the room from inside. Petitioner is in custody since 21.05.2018. Learned counsel for the informant submits that prosecution evidence is going on in the trial and there is no explanation from the petitioner's side, as to under what circumstances his wife committed suicide in his house, nor any information was given to the Police regarding commission of suicide etc. before the dead body was being cremated and half burnt body was seized by the Police.
Considering the entire facts aforesaid, especially lack of evidence on allegation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Shivsagar (Baddi) Police Station Case No.159 of 2018, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) abhishek/- U T