Deepak Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17138 of 2020 Arising Out of PS. Case No.-424 Year-2019 Thana- SUPAUL District- Supaul ====================================================== DEEPAK KUMAR JHA, Son of Dayanath Jha, Resident of Village - Solhni, P.S. and Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeeva Roy, Advocate For the Opposite Party/s :

Mr. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-09-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 326, 307 and 498(A)/34 of the Indian Penal Code.

The informant claims that the family members including the petitioner, who is Dewar of the informant, burnt her by pouring kerosene oil as a result whereof she died during course of treatment.

Learned counsel for the petitioner submits that FIR would reveal that finger print of left leg was taken on the FIR without any certificate of the Doctor that the victim was in a mental and physical condition to speak or a certificate that under

Patna High Court CR. MISC. No.17138 of 2020(3) dt.02-09-2020 2/2 what circumstances thumb impression of the hand could not be taken. Moreover, the Doctor, who performed the postmortem examination, has reported that the injury was caused by L.P.G. Gas. No other eyewitness has supported the allegation. Considering the aforesaid serious infirmities in the prosecution case and completion of investigation against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Supaul Police Station Case No.

424 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below. (c) The petitioner shall not leave the country without permission of the learned trial court.