Jai Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32936 of 2019 Arising Out of PS. Case No.-246 Year-2018 Thana- DELHA District- Gaya ====================================================== JAI PRAKASH Son of Binod Prasad Seth Resident of Village-Chhotaki Nawada, Sitaram Gali, P.S.-Delha, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Delha P. S. Case No. 246 of 2018 instituted for the offence under Section(s) 304 B of the Indian Penal Code.

Petitioner is husband of deceased.

In the written report, it is alleged that sister of informant, namely, Reshmi Kumari @ Soni was married with this petitioner on 10.2.2018. It is further alleged that on 7.11.2018 his sister wished him on the eve of Dipawali at 9.07 AM on telephone and thereafter informant got information on

Patna High Court CR. MISC. No.32936 of 2019(3) dt.18-07-2019 2/3 telephone at 12.07 PM from neighbour of his sister that his sister has died. He also enquired from this petitioner who also stated that his sister has died. Thereafter, informant sent his Mausera brother to verify the matter who also confirmed the said information.

Case diary has been received, wherein, postmortem report is available.

During course of investigation, witnesses in paragraph nos. 22, 23 and 24 of the case diary, have stated that victim was found hanging in her room on the upper floor. The doctor has found death has been caused due to Asphyxia as a result of hanging.

Learned counsel for petitioner submits that petitioner has not committed any overt act with victim. She has herself committed suicide by hanging .

Petitioner is in custody since 9.11.2018 having no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, be released 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 ACJM-VII, Gaya in connection with Delha P. S. Case No. 246 of 2018 subject to the

Patna High Court CR. MISC. No.32936 of 2019(3) dt.18-07-2019 3/3 condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T