Patna High CourtCR. MISC./25466/2016bail granted

Chandan Kumar @ Chandan Singh v. The State Of Bihar

2016-08-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25466 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -KASHICHAK District- NAWADA ====================================================== Chandan Kumar @ Chandan Singh S/o Ram Padarath Singh Resident of Village- Daulachak, PS Kashichak, District Nawada. .... .... Petitioner/s

Versus

The State of Bihar .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302, 201 and 34 of the Indian Penal Code. Allegation against the petitioner is of torturing and ultimately killing daughter of the informant due to non-fulfilment of demand of dowry and giving birth to female children. It has been submitted on behalf of the petitioner that he is in custody since 1.3.2016. Chargesheet has been submitted against the petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioner. The alleged occurrence is said to have taken place after 13 years of marriage.

For a petty reason, hot exchange of words took place between the petitioner and his wife (deceased). Petitioner left house thereafter. Accidentally, the deceased caught hold of an electric wire due to which she got electrocuted. Same has been stated by independent witnesses at paras-7 and 8 of the case diary. Taking into consideration the statements of independent witnesses, no offence under Section 302 of the Indian Penal Code is made out against the petitioner.

Patna High Court Cr.Misc. No.25466 of 2016 (3) dt.09-08-2016 2/2 On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Nawada, in connection with Kashichak P.S. Case no. 2 of 2016.

(Sudhir Singh, J) sudip/- U T