Ashok Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51793 of 2017 Arising Out of PS.Case No. -225 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ashok Kumar Kushwaha, Sono f Shiv Shankar Prasad, Resident of VillageRam Nagar, Bankat, Police Station-Majhaulia, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhagya Narayan Jha, Advocate For the Opposite Party/s : Mr. Sri Matloob Rab, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Majhauliya P.S. Case No. 225 of 2017 registered under Sections 302 and 201/34 of the Indian Penal Code.

The petitioner was annoyed over inter-caste marriage performed by his son with the deceased. He subsequently took the couple to his house and sent the informant outside the house for some work and thereafter committed murder of the deceased along with other accused person and disposed of her dead body.

It is submitted by learned counsel for the petitioner that the informant had performed love marriage with the deceased

Patna High Court Cr.Misc. No.51793 of 2017 (3) dt.21-12-2017 2/2 and living separately with the petitioner. The petitioner is not concerned with the aforesaid occurrence. There is no eye wetness of the occurrence. Witnesses in paragraphs 7, 8 and 9 have unanimously stated that the victim has herself left the house after making spat with her in-laws leaving her child in the house. The petitioner has been languishing in custody since 24.06.2017. Similarly situated co-accused Dhurendra Prasad @ Dhurendra Kumar has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 52769 of 2017 vide order dated 28.11.2017. In the facts and circumstances of the case, the above named petitioner is directed to 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 learned Chief Judicial Magistrate, West Champaran in connection with Majhaulia P.S. Case No. 225 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T