Prem Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.6445 of 2015 (4) dt.26-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6445 of 2015 Arising Out of PS.Case No. -132 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Prem Kumar Sah son of Late Vishwanath Sah resident of Village - Hathsarganj P.S.- Hajipur, town, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Md. Ashlam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 26.06.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Hajipur Town P. S. case no. 132/2014 registered under sections 302, 201/34 of the Indian Penal Code.

Petitioner happens to be husband of the deceased and admittedly, marriage of the deceased had taken place ten years ago with the petitioner.

It would appear from perusal of the first information report that the deceased gave birth to two male children and one female child after her marriage.

Post mortem report of the deceased reveals that only one abrasion was found on her forearm and admittedly, aforesaid injury was not sufficient to cause death of the deceased. The doctor could not ascertain the cause of death. So, viscera of the dead body has been

Patna High Court Cr.Misc. No.6445 of 2015 (4) dt.26-06-2015 sent for chemical examination and up till now, viscera report has not been received.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town P.S. Case no. 132/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T