Patna High CourtCR. MISC./5559/2017bail granted

Manoj Kumar Sahu @ Manoj Kumar Sah v. The State Of Bihar

2017-02-07Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5559 of 2017 Arising Out of PS.Case No. -162 Year- 2011 Thana -BAHERA District- DARBHANGA ====================================================== Manoj Kumar Sahu @ Manoj Kumar Sah, S/o Late Mahabeer Sahu R/o Mohalla/Vill-Dhobgama, P.S.-Keuti District-Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kedar Jha For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 07-02-2017 The petitioner seeks regular bail in connection with Bahera P.S. Case No. 162 of 2011, instituted for the offences punishable under Sections 498A, 328, 302, 120(B)/34 of the Indian Penal Code.

The informant of this case is the mother of the deceased. In her written statement, she has stated that on 25.07.2011 her daughter was on fast. When she slept at the roof of her house, her husband (this petitioner) gave a call and asked her to drink Gangajal. The daughter of the informant, accordingly, consumed Gangajal, thereafter she died.

Learned counsel for the petitioner submits that his wife was residing at her Maika as she was not willing to live with her husband and the petitioner in compelling circumstance filed a divorce petition. In autopsy report, the doctor has found

Patna High Court Cr.Misc. No.5559 of 2017 (2) dt.07-02-2017 2/2 ingredient of salfas which is not in a liquid form. After investigation, the police have submitted charge-sheet under Section 306. The petitioner has also filed a case against his in-law's bearing Keuti P.S. Case No. 115 of 2011 alleging that she was murdered in her Maika. The deceased was admittedly residing in her Maika since more than one year. The petitioner is in custody since 23.08.2016 having clean antecedent. Considering the counter version of the petitioner regarding desertion for which a divorce case is pending and the fact that she died at her Maika, the prayer for bail application is allowed.

Let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge Benipur, Darbhanga in Bahera P.S. Case No. 162 of 2011. (Sanjay Kumar, J) rohit/- U T