Munna Singh @ Munna Kumar Singh @ Mithlesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42371 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -VIJAYPUR District- GOPALGANJ ======================================================

1. Munna Singh @ Munna Kumar Singh @ Mithlesh Kumar Singh S/o Radha Krishna Singh a resident of Village - Suwaraha, P.S. - Bijaipur, Dist. - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Krishna Rai For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 The petitioner seeks regular bail in connection with Bijaipur P.S. Case No. 63 of 2017, registered for offences punishable under Sections 302, 201, 120B and 34 of the Indian Penal Code.

Petitioner is husband of the deceased and allegation against him is of causing death of the deceased by setting her on fire.

It has been submitted on behalf of the petitioner that deceased caught fire while preparing food, for which she was first taken to Devariya Hospital, from which she was taken to Lucknow for better treatment and family members of the maike of the deceased was informed about the same, who were also present in Lucknow and during treatment, deceased succumbed to her burn

injuries and this false case has been lodged against the petitioner and paragraphs 8, 27 and 28 of the case diary itself shows that the deceased had caught fire, while preparing food and in this case charge has also been framed under Section 306 of Indian Penal Code. Further petitioner has been in custody since 11.05.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts , let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -IV, Gopalganj, in connection with Bijaipur P.S. Case No. 63 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the

court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T