Amit Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.7394 of 2017 (3) dt.04-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7394 of 2017 Arising Out of PS.Case No. -11 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Amit Kumar, son of Jawahir Singh, resident of Village- Paigamberpur Gorigama, Police Station- Goraul, District- Vaishali.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Goraul P.S. Case No. 11 of 2016 registered for the offences punishable under Sections 341, 323, 304(B)/34 of the Indian Penal Code. Allegedly, the petitioner being the husband of Khushboo Kumari, the daughter of the informant, just within one year of marriage due to non-fulfillment of demand of motorcycle and cash killed Khushboo Kumai and made the dead body traceless. Submission is of false implication and that the informant has filed a petition earlier stating that his daughter died due to abdominal pain vide annexure-2 which is mentioned in paragraph 57 of the case diary but only with a view to extract money the informant has lodged this case, later on the informant has participated in cremation and as such the petitioner who is

Patna High Court Cr.Misc. No.7394 of 2017 (3) dt.04-04-2017 suffering in custody since 01.12.2016 deserves sympathetic consideration. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned APP submits that the petitioner is the husband. In the facts and circumstances stated above, considering the earlier application filed by the informant, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 11 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T