Amrendra Kumar @ Gorelal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32085 of 2020 Arising Out of PS. Case No.-119 Year-2019 Thana- HISUWA District- Nawada ====================================================== Amrendra Kumar @ Gorelal, S/o Haridwar Singh, Resident of Village-Orro, P.S.-Hisua, District-Nawada.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ramakant Sharma, Senior Advocate Mr. Jayram Sharma, Advocate For the Opposite Party :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Hisua P.S. Case No.119 of 2019 registered under Sections 302, 201 and 120B read with 34 of the Indian Penal Code.

It is submitted by learned senior counsel appearing for the petitioner that during entire investigation, no material has been found by the police in order to show culpability of the petitioner with the alleged offence. It is further contended that the petitioner has been made accused in the present case only because he happens to be the husband of the deceased. He contended that it is an admitted position that marriage of the petitioner with the deceased has taken place about eight years

Patna High Court CR. MISC. No.32085 of 2020(3) dt.20-01-2021 2/3 ago. Since the case has not been registered under Section 304B of the Indian Penal Code, there is no presumption against the petitioner. Moreover, during investigation, it has transpired that the deceased was a short tampered lady and was having suspicion that the petitioner had illicit relation with co-accused Paro Devi due to which, she committed suicide. Lastly, it is contended that the petitioner is in custody since 15.11.2019. The investigation is complete. There is no one in the family to look after eight years old child.

On the other hand, learned counsel for the State has opposed the application for grant of bail to the petitioner. After perusing the case diary, he submits that the investigation itself seems to be perfunctory. There is no effort on the part of the police to go to the roots of the matter. He admits that it has come in the diary that victim was having suspicion that her husband was having illicit relationship with another lady as a result of which, she committed suicide.

Considering the materials on record and the submissions advanced on behalf of the parties, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.32085 of 2020(3) dt.20-01-2021 3/3 Magistrate, Nawada in connection with Hisua P.S. Case No.119 of 2019.

(Ashwani Kumar Singh, J.) sanjeet/- U T