Ashish Jaiswal @ Ashish Kumar @ Ashish Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29428 of 2019 Arising Out of PS. Case No.-366 Year-2018 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== ASHISH JAISWAL @ ASHISH KUMAR @ ASHISH KUMAR JAISWAL Son of Dinesh Jaiswal Resident of Village- Purani Hat, Gulabbagh, P.S.- Sadar, District- Purnia.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with K. Nagar P.S. Case No. 366 of 2018 for offences punishable under Sections 306, 498(A) of the Indian Penal Code.

The prosecution case as lodged by the informant is that his daughter Priya Kumari Das was working in a Hundai Showroom workshop and met the petitioner. Thereafter, they solemnized marriage but after the marriage she was always tortured by her husband on which she came to her parental house where also petitioner came and tortured and assaulted her.

Patna High Court CR. MISC. No.29428 of 2019(3) dt.15-05-2019 2/3 On 26.09.2018, the daughter of the informant (wife of the petitioner) committed suicide by hanging.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. The death did not occur in the matrimonial house and charge-sheet has been submitted under Section 306 of the I.P.C. He submits that the matter has been compromised between the parties as is reflected from the impugned order. However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations, materials on record and that charge-sheet has already been submitted, let the petitioner above named be enlarged 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 Chief Judicial Magistrate, Purnia in connection with K. Nagar P.S. Case No. 366 of 2018, subject to the conditions:-

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) The petitioner will appear before the learned Court below during trial as and when required and failure to appear on

Patna High Court CR. MISC. No.29428 of 2019(3) dt.15-05-2019 3/3 two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) devendra/- U T