Aman Poddar @ Aman Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23588 of 2023 Arising Out of PS. Case No.-49 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== AMAN PODDAR @ AMAN RAJ S/O JAWAHAR PODDAR Resident of Village- Pyalapur, P.S.- Pirpaiti, District- Bhagalpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manohar Prasad Singh, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner seeks bail, who is in custody since 20.02.2023 in connection with Piri Bazar P.S. Case No. 49 of 2021, F.I.R. dated 02.04.2021 for the offences punishable under Sections 306/34 of the Indian Penal Code.
According to prosecution case, in brief, is that the informant had solemnized marriage of his daughter Laxmi Kumari with Aman Poddar as per Hindu rites and rituals and two daughters born from their wedlock. It is further alleged that the son-in-law and mother-in-law of the daughter of the informant and Gotini Jaini Devi used to torture his daughter Laxmi Kumari. The son-in-law of the informant always used to say that he will leave her and he will solemnize second
2/4 marriage. The in-laws people always quarrel with her and due to that torture his daughter Laxmi Kumari committed suicide by hanging on 02.04.2021, at that time the informant was not at his house. His son Saurav Kumar had gone to study tuition and when he returned at 4 P.M. in the evening then he saw that Laxmi Kumari has committed suicide by hanging then he informed the informant on telephone then he went to the house and saw that she was hanging and she has died. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. itself that the victim has committed suicide in her parental home. He further submits that before the filing of the present F.I.R.
there was no complaint against the petitioner and after the suicide the daughter of the informant the informant has alleged in the F.I.R. that due to petitioner the daughter of the informant has committed suicide. He further submits that no material has come during investigation to suggest the involvement of the petitioner in the present occurrence and the petitioner is being a husband of the deceased has falsely been implicated in the present case.
3/4 petitioner and the petitioner is in judicial custody since 20.02.2023.
The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, 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 learned A.C.J.M.- II, Lakhisarai in connection with Piri Bazar P.S. Case No. 49 of 2021, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the
4/4 petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/- U T