Satish Kumar @ Satish Kumar Mallick v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41218 of 2024 Arising Out of PS. Case No.-479 Year-2023 Thana- KANKARBAG District- Patna ====================================================== Satish Kumar @ Satish Kumar Mallick Son of Sri Sanjay Mallick @ Sanjay Ram R/O Mohalla- Kankarbagh Tempo Stand, P.M.C., P.S.- Kankarbagh, Dist.- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Krishna Jha, Advocate For the State :
Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 07.11.2023 in Cr. Misc. No. 71502 of 2023.
3. The petitioner seeks bail in connection with Kankarbagh P.S. Case No. 479 of 2023 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.
4. The petitioner is the husband of the deceased and he is accused of killing the deceased. During investigation, independent witnesses have said that the deceased committed suicide and her body was recovered after her child started
Patna High Court CR. MISC. No.41218 of 2024(3) dt.04-10-2024 2/2 crying.
5. From the post-mortem report, it appears that there is no ante-mortem injury except the ligature mark. During trial out of seven only two witnesses have been examined though the petitioner is in jail since 10.05.2023 and the charges have been framed on 01.02.2024.
6. In view of the aforesaid, this application is allowed.
7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-Xth, Patna in connection with Kankarbagh P.S. Case No. 479 of 2023.
8. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.
(Sandeep Kumar, J) P. Kumar U T