Jitendra Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19437 of 2016 Arising Out of PS.Case No. -44 Year- 2015 Thana -KUTUMBA DistrictAURANGABAD ===================================== Jitendra Pal, Son of Rampati Pal, resident of Village-Samda, P.S.-Kutumba, District-Aurangabad (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Adv. For the Opposite Party/s : Mr. A.K. Choudhary (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kutumba P.S. Case No.44 of 2015, disclosing offences under Sections 201 and 304(B)/34 of the Indian Penal Code.

The petitioner is the husband of the deceased. In the First Information Report, registered on the basis of written report of the informant, the date of marriage between the petitioner and the deceased is not

Patna High Court Cr.Misc. No.19437 of 2016 (2) dt.19-05-2016 2/3 mentioned.

Learned counsel for the petitioner has submitted that the marriage had taken place merely 10 years before the date of death of the deceased. It has been submitted that a false allegation has been made in the First Information Report that the petitioner and his family members had cremated the dead-body of the deceased without informing the informant. It has further been submitted that the deceased was being treated in P.M.C.H., Patna, and in course of treatment, she died. According to him, the informant had full knowledge of the fact that the deceased was being treated at P.M.C.H., Patna. Learned counsel for the petitioner has further submitted that as a matter of fact, the informant had participated in the cremation of the deceased too. In support of this submission, learned counsel for the petitioner has placed reliance upon certain photographs, brought on record by way of Annexure-3 to this application.

Considering the submission, as above, and the fact that there has been some delay in lodging the First Information Report, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be

Patna High Court Cr.Misc. No.19437 of 2016 (2) dt.19-05-2016 3/3 released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Aurangabad, in connection with Kutumba P.S. Case No.44 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T