Shashikant Kumar @ Shashikant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23789 of 2021 Arising Out of PS. Case No.-265 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== SHASHIKANT KUMAR @ SHASHIKANT SINGH SON OF SHATRUGHAN SINGH R/O MOHALLA- SATENDRA NAGAR, P.S.- AURANGABAD TOWN, DISTRICT- AURANGABAD.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash For the Opposite Party/s :

Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 20-12-2021 The applicant/accused in Crime No. 265 of 2019 registered with Aurangabad Town Police Station for the offences punishable under Sections 302 and 304(B) of the Indian Penal Code registered on the basis of order passed by the learned Judicial Magistrate, under Section 156(3) of the Cr.P.C. in a complaint filed by Anita Singh (mother of the deceased, Anjali Kumari) by this application is seeking his release on bail during pendency of the trial.

Heard both sides. Perused the materials produced before me.

Anjali Kumari married the present applicant in the year 2017. She died because of burns at her matrimonial house on 10.03.2019. Her mother Anita Singh filed a complaint with

Patna High Court CR. MISC. No.23789 of 2021(6) dt.20-12-2021 2/3 JNFC on 15.07.2019 under orders of the Judicial Magistrate, the FIR was registered and ultimately upon investigation, the charge-sheet has been filed. It is reported that other co-accused are already released on anticipatory bail. There is nothing on record to suggest that if bail is granted, the applicant would flee from the course of justice.

In this view of the matter, no further pre-trial detention of the applicant is warranted and, therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No.265 of 2019 registered with Aurangabad Town Police Station for the offence punishable under Sections 302 and 304(B) be released on bail on executing P.R. bond of Rs.10,000/- Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial Court with the following conditions :- (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trial Court in expeditious disposal of the trial against him.

Patna High Court CR. MISC. No.23789 of 2021(6) dt.20-12-2021 3/3 (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and Registry to issue bail-writ as per this order only after removal of office objections by the appellant/accused. (A. M. Badar, J) sanjeev/- U T