Sonu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30241 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -DHANSORI District- BUXAR ====================================================== Sonu Kumar Singh son of Shyam Narayan Singh resident of village Banni, P.S. Dhansoi, District Buxar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 16.12.2016 in connection with Dhansoi P.S. Case No. 164 of 2016 for offences punishable under Sections 304 (B), 201/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter was married to the petitioner three months back and after few days of her marriage the husband and in-laws started to demand Rs. 100000/- and gold chain and due to non-fulfillment of the same she has been killed and dead body was cremated. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.30241 of 2017 (4) dt.25-08-2017 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that except interested witnesses, independent witnesses have not supported the prosecution case as they have stated that she had pain in abdomen and for which she was taken to the hospital and on the way she died. He submits that charge-sheet has already been submitted and the there is no allegation of tampering of prosecution witnesses by the petitioner and that dead body was cremated in presence of the family members of the deceased but later on, false case has been lodged.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Buxar in connection with Dhansoi P.S. Case No.164 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating

Patna High Court Cr.Misc. No.30241 of 2017 (4) dt.25-08-2017 his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T