Amarjeet Bind @ Kaushal Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54079 of 2021 Arising Out of PS. Case No.-224 Year-2020 Thana- SHASTRINAGAR District- Patna ====================================================== Amarjeet Bind @ Kaushal Bind S/o Late Ashok Bind Resident of Raja Bazar, Macchali Gali, Khagari Gali, P.S.- Shastri Nagar, District- Patna ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Satish Chandra, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 302 of the Indian Penal Code.

As per the prosecution case, informant's daughter was married with the petitioner 18 years back and the petitioner used to torture her for non-fulfilment of demand of money. On 10.5.2020 informant went to the matrimonial house of his daughter and found her lying dead. He suspected that the petitioner might have killed his daughter.

Learned counsel for the petitioner submits that the petitioner happens to be the husband of the deceased and out of the wedlock they had two children. He was daily wages labourer and due to Covid 19 lockdown effects, he was disengaged and the whole family was facing starvation. Meanwhile, he went to some other place in search of work and during this period, victim committed suicide by hanging herself which had immediately been communicated to the informant

Patna High Court CR. MISC. No.54079 of 2021(2) dt.03-12-2021 2/2 still he filed the instant false case to extort money from the petitioner. It is also submitted that the petitioner is suffering from Cancer vide Annexure 2 series. Petitioner is in custody since 11.5.2020 and police after investigation submitted charge sheet for the offence punishable under section 306 of the IPC. Learned counsel appearing for the State opposes the prayer for bail submitting that there is allegation that the petitioner used to assault his wife for money and killed her one day.

Considering the rival submissions of the parties and the fact that the Police after investigation submitted charge sheet for the offence punishable under section 306 of the IPC and as per Annexure 2 series, petitioner is suffering from Cancer, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate IV, Patna in Shastrinagar Police Station Case No. 224 of 2020.

(Prabhat Kumar Singh, J) shashi/- U T