Abhimanyu Singh @ Guddu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34873 of 2016 Arising Out of PS.Case No. -102 Year- 2013 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ====================================================== Abhimanyu Singh @ Guddu Singh Son of Birendra Singh @ Timil Singh Resident of village Chap, P.S. Akhodhigola District Rohtas. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased and is languishing in jail custody since 23.10.2013 in a case registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. The first information report goes to show that marriage of deceased had taken place with petitioner on 20.04.2008 and deceased died in the year 2013 i.e. after five years of her marriage. No doubt, there is accusation of
Patna High Court Cr.Misc. No.34873 of 2016 (3) dt.10-11-2016 2/3 illegal demand as well as torturing against the petitioner but it is admitted by the informant that dead body of the deceased was cremated after her death.
Learned counsel appearing for the petitioner submits that in course of investigation, vide paragraphs no. 9 and 10 of the case diary witnesses stated that deceased was pregnant but she got some complications as a result whereof she died. He further submits that before her death deceased was taken to clinic of one doctor, namely, Prabha Agarwal where her ultra sound was done and the aforesaid fact was verified by the investigating officer which is evident from para-28 of the case diary.
The impugned order goes to show that charge against the petitioner was framed on 24.08.2014 and till the date of passing impugned order i.e. till 26.05.2016 only one prosecution witness could be examined.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional
Patna High Court Cr.Misc. No.34873 of 2016 (3) dt.10-11-2016 3/3 Sessions Judge, Rohtas, Sasaram in connection with Sessions Trial No. 129 of 2014 arising out of Akhodhigola P.S. Case No. 102 of 2013.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T