Pardeep Kumar @ Paras Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.34554 of 2014 (4) dt.16-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34554 of 2014 Arising Out of PS.Case No. -142 Year- 2010 Thana -BANIAPUR District- SARAN ======================================================
1. Pardeep Kumar @ Paras Kumar S/o Munsi Lal Singh Kushwaha Resident of Village Dhobawal, Police Station Baniyapur, District Saran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Roy For the Opposite Party/s : Mr. Smt. Pronoti Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2015 Heard both sides.
The petitioner seeks bail in U.T. No. 256(A) of 2013 registered under section 304 B of the Indian Penal Code. Mahendra Kushwaha the father of the deceased Baby Kumari lodged a case of killing his daughter in which the police after investigation submitted final for finding the case false and final form was accepted by the Chief Judicial Magistrate. It has come in the investigation that the deceased was treated at Safdarjang Hospital and she died after long illness. After acceptance of final form the informant filed a protest petition and after inquiry the learned Judicial Magistrate found prima facie case under section 498A of the Indian Penal Code. The complainant preferred revision petition
Patna High Court Cr.Misc. No.34554 of 2014 (4) dt.16-01-2015 thereafter and after the order having been set aside the judicial Magistrate took cognizance under section 304 B of the Indian Penal Code.
It is submitted that the father-in-law and mother-in-law have already been granted bail vide order dated 26.11.2013 passed in Cri. Misc. No. 47942 of 2013. The petitioner is of course husband. There is no allegation that the petitioner even tortured his wife rather after throw inquiry it was found that the wife of the petitioner died due to long illness. Having considered the aforesaid facts and the fact that the petitioner is in jail since 10.02.2014. the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri S.C. Srivastava , J.M. , Saran in connection with U.T. No. 256A of 2013. (Prabhat Kumar Jha, J) M.Rahman/- U T