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Patna High CourtCR. MISC./54048/2017bail granted

Pramod Kumar @ Pramod Kumar Singh v. The State Of Bihar

2017-12-08Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54048 of 2017 Arising Out of PS.Case No. -116 Year- 2016 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================

1. Pramod Kumar @ Pramod Kumar Singh Son of Madhuman Singh, resident of Village- Panchamawa, P.S.- Karakat, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Upadhyay For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Karakat P.S. Case No. 116/2016 dated 06.08.2016 instituted for the offences under Sections 304(B), 201 and 120(B) of the Indian Penal Code.

The petitioner is the husband of the deceased. He was married to the deceased about 11 years ago and had three children from the wedlock. The informant, though, has alleged that for nonsupply of a buffalo, the deceased was killed and the dead body was stealthily cremated, but during the investigation, witnesses have narrated a different story. In paragraphs 18 and 27 of the case diary, it has been stated by the villagers that the deceased never had any problem in her matrimonial home. In fact, she had given

Patna High Court Cr.Misc. No.54048 of 2017 (3) dt.08-12-2017 2/2 birth to three children, out of which, one had earlier died. All the deliveries were after operation. On the day, when the deceased died, she had suffered from a severe colic pain, whereafter she could not survive. Witnesses have also stated that the informant had participated in the cremation and for the reasons best known to him, the present case was lodged. Thereafter, during the course of supervision also, the son of the informant has supported such statement of the villagers. The petitioner is a labourer and had been maintaining his family to the best of his capacity. Regard being had to these facts and the period of custody of the petitioner, which is from 21.08.2017, this Court is inclined to grant bail to him.

The petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 116/2016. (Ashutosh Kumar, J.) Rakhi U T