Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7557 of 2017 Arising Out of PS.Case No. -433 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Sudhanshu Kumar Son of Bambam Singh Resident of Village - Parsawan, P.S. - Lakhisarai (Ramgarh Chowk), District : - Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mrigendra Kumar For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-03-2017 The petitioner is apprehending his arrest in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 433 of 2016, registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that though he is husband of the deceased but as a matter of fact the deceased caught fire while she was preparing food and due to which she sustained burn injuries and during the course of treatment succumbed to her injuries and it is the petitioner who took the deceased to hospital and informed her father and mother and the present case has falsely been lodged against the petitioner with ulterior motive. It has further been submitted that during the course of investigation, several independent witnesses have

Patna High Court Cr.Misc. No.7557 of 2017 (3) dt.18-03-2017 2/3 supported the version of petitioner and it has also come in the diary that the petitioner had taken the deceased to hospital for treatment where she died.

Learned counsel for the State also could not controvert the above submission of learned counsel for the petitioner. Having heard both sides, considering the facts and circumstances of the case and also that several independent witnesses have also supported the version of the petitioner, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 433 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as

Patna High Court Cr.Misc. No.7557 of 2017 (3) dt.18-03-2017 3/3 and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T