Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13562 of 2019 Arising Out of PS. Case No.-277 Year-2018 Thana- JAKKANPUR District- Patna ====================================================== Rahul Kumar Son of Anil Kumar Singh Resident of village-Abdullapur, P.S.- Fatuha, District-Patna, At present residing at Mohalla-Jai Prakash Nagar, P.G.P.C., P.S.-Jakkanpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Sharma, Sr.Adv : Mr.Dilip Kumar Roy, Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP : Mr.Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B) and 201 of the Indian Penal Code.

Wife of this petitioner died in unnatural circumstances in her matrimonial house. It is said that she committed suicide by hanging herself. There is no allegation of any demand in the FIR lodged by the sister of the deceased rather there is allegation of torture.

Submission is that there is no witness of the occurrence rather the witnesses examined before the police had stated that the victim had committed suicide. Petitioner is in custody since 02.07.2018. Investigation of the case is complete. Learned Magistrate has taking cognizance under Sections

Patna High Court CR. MISC. No.13562 of 2019(3) dt.10-05-2019 2/2 302/201 of I.P.C. in absence of any direct evidence of murder. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No.777 of 2018 arising out of Jakkanpur P.S.Case No.277 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T