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Patna High CourtCR. MISC./21946/2019bail granted

Rakesh Kumar v. The State Of Bihar

2019-08-01Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21946 of 2019 Arising Out of PS. Case No.-121 Year-2017 Thana- SIGAUDI District- Patna ====================================================== RAKESH KUMAR, son of Mahendra Yadav, Resident of Village- Dewariya, Police Station- Sigori, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parashuram Singh For the Opposite Party/s :

Mrs.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sogori P.S. Case No.121 of 2017 instituted for the offence under Section(s) 302/34 Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report.

In the written report, it is alleged that informant has performed marriage of her daughter with the petitioner about one year back. Her daughter has been done to death in her Sasural. On getting information from the relative, she went to PMCH along with petitioner and found her daughter injured, who died in course of treatment at PMCH on 13.10.2017. In the written report, the informant has levelled specific allegation that

Patna High Court CR. MISC. No.21946 of 2019(5) dt.01-08-2019 2/3 in the night of 09.10.2017, father-in-law of her daughter, Mahendra Yadav, poured kerosene oil over her body and mother-in-law, Chinta Devi, lighted the match stick causing serious burn injuries.

Counsel for the petitioner submits that informant has mentioned in the written report that his son-in-law, Rakesh Kumar, was in Masaudhi with her on the date of occurrence. The informant went to hospital after getting information along with this petitioner and saw her daughter was having serious burn injuries.

Case diary has been received.

Learned APP has submitted after looking into the case diary that this petitioner was with the informant at the time of occurrence. The other witnesses have not levlled any specific allegation of overt act against the petitioner. Police has submitted charge-sheet under Section 302 Indian Penal Code. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 Additional Chief Judicial Magistrate, V, Danapur, in connection with Sigori P.S. Case

Patna High Court CR. MISC. No.21946 of 2019(5) dt.01-08-2019 3/3 No.121 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T