Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47783 of 2014 Arising Out of PS.Case No. -58 Year- 2014 Thana -BACHWARA District- BEGUSARAI ====================================================== Bittu Kumar S/o Gopal Mahaton R/o vill.- Jhamariya, P.S.- Bachhwara, Dist.- Begusarai .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 498-A and 306 of the Indian Penal Code.

It is submitted that the deceased was the wife of the petitioner. She was in love with another person but her parents got her married with the petitioner. As such, she was not living happily with the petitioner and ultimately committed suicide by pouring kerosene oil on her person. It is further submitted that the statement of the victim has been recorded by the police on 14.3.2014 at 9-15 hours in the hospital, Dalsingsarai, but it was not treated as F.I.R. rather F.I.R. has been lodged on the basis of the fardbeyan of Mamta Devi, mother of the deceased, on 15.3.2014. However, after investigation, chargesheet has already been submitted. There is no chance of tampering with the witnesses. The petitioner has no criminal antecedent.

Learned counsel for the State could not

Patna High Court Cr.Misc. No.47783 of 2014 (6) dt.23-06-2015 2 / 2 controvert the contention of the petitioner while opposing the prayer for bail.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Rajiv Kumar-IV, Judicial Magistrate, Ist Class, Begusarai/court concerned in Bachhwara P.S. Case No. 58 of 2014 after framing of charge with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/- U T