Om Prakash Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15394 of 2015 Arising Out of PS.Case No. -307 Year- 2014 Thana -BRAHMPUR District- BUXAR ======================================================

1. Om Prakash Upadhyay Son of : Baban Upadhyay Resident of Village: Chanda , P.s brahmpur, District- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyapal Singh For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-09-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner happens to be husband of the deceased. In the First Information Report, the informant stated that the marriage of the deceased took place with petitioner seven years ago. In course of investigation, when further statement of the informant recorded at Para 3 of the case diary, the informant disclosed that the marriage of the deceased had taken place on 09.05.2007. Admittedly, the deceased died on 11.11.2014 i.e., beyond seven years of her marriage. Moreover, it appears that after marriage, the deceased gave birth to three children. No doubt the deceased died in other circumstances but the submission of the petitioner is that the deceased died accidentally while she was

Patna High Court Cr.Misc. No.15394 of 2015 (3) dt.17-09-2015 P2/2 cooking meal in the house.

Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahmpur (Chakki) P.S. Case No. 307 of 2014.

(Hemant Kumar Srivastava, J) Saif/- U T