Pawan Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20822 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -CHAUTHAM District- KHAGARIA ====================================================== Pawan Kumar Soni Son of Binod Prasad Soni Resident of Patel Nagar, Sonbarsa Ghat, Police Station- Chautham, District- Khagaria. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party. ====================================================== Appearance :

For the Petitioner : Mr. Rama Kant Sharma, Sr. Adv. Mr. Lakshmi Kant Sharma, Adv.

For the Opposite Party : Mr. Ajay Kumar-2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-06-2017 Heard Mr. Rama Kant Sharma, learned senior counsel for the petitioner and learned A.P.P. for the State. Petitioner seeks regular bail in Chautham P.S. Case No.02 of 2017 registered for the alleged offences under Sections 341, 323 and 302/34 of the Indian Penal Code. As per the prosecution case, the petitioner along with other accused persons are said to have committed murder of his wife by hanging her from ceiling.

It has been submitted by learned senior counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. There is no eye witness of the occurrence. Witnesses in paragraphs 24, 25 and 26 of the case diary have unanimously stated that the door of the room, where the deceased was found dead, was bolted from inside and it was broken open by

Patna High Court Cr.Misc. No.20822 of 2017 (03) dt.15-06-2017 - 2 - the police on its arrival at the place of occurrence. Though the informant in his further statement recorded in paragraph-3 and witnesses in paragraphs-8 and 9 of the case diary have supported the occurrence but they do not happen to be the eye witnesses of the occurrence. It has been further submitted that the deceased committed suicide by hanging herself from the ceiling of the room. The Investigating Officer has found two windows and one door fixed in the said room. The rod and net of the windows were found intact and bolt of the door broken. Petitioner has been languishing in custody since 06.01.2017.

Considering the facts aforesaid and the nature of allegation as made against the petitioner, the above named petitioner, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000.00 (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-II,, Khagaria in Chautham P.S. Case No.02 of 2017. (Prakash Chandra Jaiswal, J.) Trivedi/- U T