Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9173 of 2017 Arising Out of PS.Case No. -196 Year- 2016 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Akash Kumar Son of Rakesh Pal R/o Bangaon Bazar, P.S Bajpatti, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2017 The petitioner is in custody since 28.11.2016 in connection with Bajpatti P.S. Case No. 196 of 2016, registered for offences punishable under Sections 279, 337, 338 and 304 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that as a matter of fact that the tempo fallen down itself, due to which the deceased sustained injuries on her head and thereafter died and the police after investigation submitted charge-sheet under Section 304A, Indian Penal Code, however learned Magistrate differing with the charge-sheet submitted by the police under Section 304(A), has taken cognizance under Section 304 of the Indian Penal Code. petitioner has been languishing in judicial custody since 28.11.2016.

Patna High Court Cr.Misc. No.9173 of 2017 (2) dt.28-02-2017 2/2 Heard learned A.P.P. also.

Considering the aforementioned facts and circumstances of the case, nature of offence and also the period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Bajpatti P.S. Case No. 196 of 2016.

(Vinod Kumar Sinha, J) sunil/- U