Golu Seth @Dinanath Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22567 of 2024 Arising Out of PS. Case No.-170 Year-2023 Thana- KARAHGAR District- Rohtas ====================================================== Golu Seth @ Dinanath Kumar Soni, son of Vijay Seth, Resident of VillageMohaniya, PS- Karagahar, Distt- Rohtas ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ramanuj Tiwary, Advocate For the Opposite Party :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State. 2.

The petitioner seeks bail in connection with Karahgar P.S. Case No.170 of 2023 registered for the offence punishable under sections 304-B, 201/34 of the Indian Penal Code.

3.

The petitioner is the husband of the deceased. Allegation is of killing the deceased by the petitioner and his family members.

4.

The petitioner is in custody since 07.07.2023 and he has clean antecedent.

5.

It has been submitted by learned counsel for the petitioner that after marriage two children were born out of the wedlock of the petitioner and the deceased and the deceased had died because of chest pain and this case has been filed by the prosecution under misconception.

Patna High Court CR. MISC. No.22567 of 2024(2) dt.04-04-2024 2/2 6.

In paragraph no.13, the petitioner has given statement that the children were being looked after by the accused persons.

7.

Considering the totality of the facts and circumstances of the case, this application is allowed. 8.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Karahgar P.S. Case No.170 of 2023 subject to the condition that he will cooperate in the trial. 9.

At the time of accepting the bail bonds, the court below will verify the fact whether the children of the deceased are staying with the family of the petitioner or not. If it is found that they are staying with the family of the petitioner, the bail bonds of the petitioner shall be accepted by the court below. If it is found that the children are not staying with the family of the petitioner, the bail bonds of the petitioner shall not be accepted.

(Sandeep Kumar, J) pawan/- U T