Sonu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.38934 of 2017 (3) dt.15-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38934 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -CHANDI District- BHOJPUR ====================================================== Sonu Kumar, Son of Suresh Yadav, Resident of Village- Jalpura, P.S.- Chandi, District- Bhojpur at Ara.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arun Kumar, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Chandi P.S. Case No. 76 of 2016 registered under Sections 304(B) and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner, who is the husband of the deceased, was earlier rejected on merit vide order dated 28.01.2017 passed in Criminal Misc. No. 588 of 2017. It is further submitted that the deceased, daughter of the informant, sustained injury due to electric current and died, thereafter, message was sent to her 'Maika', on which, informant, who is the father of the deceased and Wakil Singh, uncle of the deceased, came and the

Patna High Court Cr.Misc. No.38934 of 2017 (3) dt.15-11-2017 dead body was cremated, but with ulterior motive the present case has been lodged with false allegation. Further submission is that in course of investigation, the Investigating Officer recorded the statement of Wakil Singh, uncle of the deceased, who stated about receiving the information about the death of the deceased due to electric current, which would appear from paragraph 11 of the case diary, except that nothing has been collected by the Investigating Officer against him. Moreover, the charge sheet has been submitted against the petitioner.

Having regard to the facts and the circumstances of the case and the period of custody, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Ara, in connection with Chandi P.S. Case No. 76 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T