Amit @ Sintu Kumar @ Situ Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36859 of 2017 Arising Out of PS.Case No. -9 Year- 2016 Thana -BATH District- BHAGALPUR ======================================================

1. AMIT @ SINTU KUMAR @ SITU KUMAR S/o Sri Umakant Singh resident of village - Kiranpur, P.S. - Bath, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 The petitioner seeks regular bail in connection with Bath P.S. Case No. 9/16, registered for offences punishable under Sections 302, 328/34 of the Indian Penal Code. Allegation against the petitioner is of causing death of his wife.

It has been submitted on behalf of the petitioner that statement of witnesses in paragraph 17, 18, 19 and other paragraphs of case diary, clearly falsifies the case of prosecution and further from the statement of witnesses also, it appears that the deceased used to tell that she will consume poison and will implicate all family members. Further petitioner is in custody for 23.03.2017 and is now ready to abide by any condition imposed upon him for grant of bail.

Learned counsel for the State opposed the prayer for bail and submitted that the F.S.L. report shows the death of the deceased due to consumption of poisonous substance. Having heard both sides, considering the facts and circumstances of the case and the statement of witnesses in case diary, 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 ACJM -XIII, Bhagalpur, in connection with Bath P.S. Case No. 9/16, subject to the following conditions:- (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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

prosecution is free to move for cancellation of his bail.

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