Hemant Kumar Singh @ Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35769 of 2024 Arising Out of PS. Case No.-73 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Hemant Kumar Singh @ Hemant Kumar Son of Anand Kumar Singh Resident of Village - Dhanaura,P.S. - Awatarnagar, Distt - Saran. At Present resident of Mohalla - Kuldeep Nagar, P.S. -Chapra Mufassil, Distt- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

3. The petitioner in association of his family members are said to have killed the daughter of the informant by hanging her.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case

Patna High Court CR. MISC. No.35769 of 2024(5) dt.23-08-2024 2/3 as he is the husband of the deceased. As a matter of fact, the deceased herself has committed suicide finding her alone in the house by getting herself locked in the room and hanged through the fan. It is further submitted that on the date of occurrence the petitioner was at Addiction-cum-Rehabilitation Center at Patna and when the aforesaid occurrence took place, the petitioner was taken back to perform the last rites. It is further submitted that the charge has already been framed against the petitioner on 16.08.2024, which has been brought on record by filing a supplementary affidavit. The petitioner has no criminal antecedent and has been languishing in custody since 18.10.2023.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts and circumstances of the case as well as the fact that charge has been framed against the petitioner and there is no allegation against him of tampering with the evidence, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chapra Muffasil P.S. Case No.73 of 2023, subject to the condition that

Patna High Court CR. MISC. No.35769 of 2024(5) dt.23-08-2024 3/3 the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned. (Anjani Kumar Sharan, J) Trivedi/- U T