Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6254 of 2017 Arising Out of PS.Case No. -157 Year- 2014 Thana -AKBARPUR District- NAWADA ====================================================== Rajeev Kumar, son of late Siya Singh, Resident of Village - Bareo, P.S. - Akbarpur, District - Nawada.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Subodh Kr. Jha with Mr. Bidhan Chandra Jha, Advocates For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner.
The petitioner is apprehending his arrest in connection with Akbarpur P.S. Case No. 157 of 2014 registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that even according to FIR marriage was solemnized on 6.4.2006 and the occurrence is dated 2.7.2014, as such, it is beyond the period of seven years and hence no case is made out under Section 304B IPC. Further it has been submitted that petitioner is husband and he has falsely been implicated in this case due to ulterior motive as deceased was died due to electric current and aforesaid fact has been supported by the witnesses even in course of investigation in paragraphs 78, 79, 88 and 89 of the case diary.
Patna High Court Cr.Misc. No.6254 of 2017 (3) dt.27-03-2017 2/2 Heard learned APP also, who has not controverted the aforesaid submission.
Having heard both sides and in view of the aforesaid submission, let the petitioner, named above, in the event of his arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Nawada, in connection with Akbarpur P.S. Case No. 157 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioner shall cooperate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bonds and further petitioner will not induce any witness or tamper with the evidence.
(Vinod Kumar Sinha, J) spal/- U