Patna High CourtCR. MISC./43549/2014bail granted

Binod Tiwari v. The State Of Bihar

2015-02-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43549 of 2014 Arising Out of PS.Case No. -78 Year- 2014 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Binod Tiwari S/o Sri Chhiteshwar Nath Tiwari Resident of VillageKandol, P.S.-Azam Nagar, District-Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Raghvendra Kumar Singh For the Opposite Party/s : Mr. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Originally, the case was instituted under section 304B of the Indian Penal Code but after completion of investigation police submitted charge sheet under section 302,328 and 498A of the Indian Penal Code against the petitioner, who happens to be husband of the deceased.

In course of investigation, the statement of son of the deceased was recorded and the aforesaid witness stated that prior to alleged occurrence the deceased was beaten by the petitioner and thereafter she committed suicide. Furthermore, para-10 of the case diary reveals that some poisoness substance was also seized

Patna High Court Cr.Misc. No.43549 of 2014 (3) dt.18-02-2015 2/2 near the stair of the house of the petitioner and the cause of death of the deceased could not be ascertained in course of post mortem examination and the opinion regarding the cause of death was kept reserved till receipt of the Viscera report.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Azam Nagar P.S.Case No. 78 of 2014.

(Hemant Kumar Srivastava, J) Namita/- U