Suraj Kumar Singh @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.13 of 2018 Arising Out of PS. Case No.-185 Year-2017 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Suraj Kumar Singh @ Suraj Kumar, Son of Krishna Singh, through his natural guardian Krishna Singh S/o Late Bhagat Singh, resident of VillageUmadha, P.S.- Chhapra Mufassil, District- Saran at Chhapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yashraj Bardhan, Adv.

For the Respondent/s :

Smt. Nirmala Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-01-2019 Heard the parties.

The present revision application has been preferred by the petitioner against the order dated 13.11.2017, passed by learned A.D.J.-1st, Saran at Chapra, in Criminal (Juvenile) Appeal No. 56 of 2017, by which, the appeal of the petitioner for grant of bail against the order dated 12.10.2017 of Juvenile Justice Board, in Chapra Mufassil P.S. Case No. 185 of 2017 has been dismissed.

Informant has alleged in his written complaint that his deceased daughter had solemnized love marriage with petitioner out of her own will and volition and thereafter she was living with the petitioner and his family. It has been further alleged that subsequent to said marriage there was demand of

Patna High Court CR. REV. No.13 of 2018(5) dt.03-01-2019 2/3 Rs. 2 lacs from her husband and from her in-laws and for nonfulfillment of which she was subjected to torture and ultimately on 08.06.2017 he came to know that she has been killed. It has been submitted on behalf of the petitioner that the allegations of demand of dowry and torture is false and concocted. His wife died due to accidental fire while cooking the food for her family members and every effort and medical care was given to her to save her life and she was admitted to J.K. hospital, Chapra on 26.05.2017 and thereafter she was referred to Mehar Hospital, Patna and during her treatment after 15 days of occurrence she died in the Mehar hospital at Patna on 09.06.2017 in presence of her father and the statement of petitioner was recorded by the police on 10.06.

2017 in presence of informant and he is witness of said written report. Under the facts and circumstances of the present case, the order dated 13.11.2017, passed by the learned A.D.J.-1st, Saran at Chapra, in Criminal (Juvenile) Appeal No. 56 of 2017 and order dated 12.10.2017 passed by Juvenile Justice Board, Chapra in connection with Chapra Mufassil P.S. Case No. 185 of 2017 corresponding to J.J.B. No. 1743 of 2017, are set aside. The petitioner, above named, is directed to be released from the remand home on his furnishing bail bond of Rs. 10,000/- (Rs.

Patna High Court CR. REV. No.13 of 2018(5) dt.03-01-2019 3/3 Ten Thousand) with two sureties of like amount each to the satisfaction of the Principal Member, Juvenile Justice Board, Saran at Chapra, in connection with Chapra Muffasil P.S. Case No. 185 of 2017, corresponding to J.J.B. No. 1743 of 2017, subject to the condition that:

One of the bailor of the petitioner shall be his mother, who at the time of filing of the bonds, shall also give an undertaking that they will take good care of the petitioner and in case petitioner does not act as per her advice, she shall report matter to the office-incharge of the concerned police station and further during period of bail, the petitioner will be under the supervision of concerned Probation Officer.

This revision application stands allowed.

(S. Kumar, J) Rajiv/- U T