Patna High CourtCR. MISC./10786/2016bail granted

Sanjay Kushwaha @ Sanjay Singh v. The State Of Bihar

2016-03-08Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.10786 of 2016 (2) dt.08-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10786 of 2016 Arising Out of PS.Case No. -130 Year- 2011 Thana -PHULWARIA District- GOPALGANJ ======================================================

1. SANJAY KUSHWAHA @ SANJAY SINGH Son of Mahatam Bhagat, Resident of Village - Choubey Parasa, P.S. - Phulwariya, District - Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s Ms. Pushpa Sinha No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 08.03.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 304B, 201/34 of the Indian Penal Code.

Petitioner happens to be husband of the deceased and according to the prosecution case itself, marriage of the petitioner had taken place with the deceased five years ago and after two and half years of her marriage, Gouna of the petitioner was performed. There is allegation against the petitioner that he as well as his family members used to make illegal demand and also put the deceased into cruelty and lastly, they committed her murder. Learned counsel for the petitioner submits that the deceased was patient of appendicitis and, as a matter of fact, her condition started deteriorating and she was taken to clinic of a private doctor

Patna High Court Cr.Misc. No.10786 of 2016 (2) dt.08-03-2016 who referred the deceased to PMCH and while deceased was being taken to PMCH, she died on her way. Learned counsel for the petitioner also points out that written report of the informant disclosed that at the time of death of the deceased, petitioner was not at his home rather he was in abroad.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge V, Gopalganj in Sessions trial no. 192/2014 arising out of Phulwariya P.S. Case no. 130/2011.

shahid (Hemant Kumar Srivastava,J) U T