Patna High CourtCR. MISC./28260/2016bail granted

Ram Krishna Trivedi v. The State Of Bihar

2016-09-27Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28260 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -KEOTI District- DARBHANGA ====================================================== Ram Krishna Trivedi, Son of Late Yogendra Trivedi, resident of VillageMahisajan, P.S.- Keoti, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section 304-B of the Indian Penal Code.

The deceased was 3rd wife of the petitioner and prior to his marriage with deceased petitioner had deserted his two wives. Moreover, the present case was lodged on the basis of statement of local Chaukidar and there is nothing in the statement of concerned Chaukidar that the deceased was subjected to cruelty due to non-fulfillment of illegal demand but even then the Officerin-Charge lodged the case under Section 304(B) of the I.P.C. and not only this but Investigating Officer also submitted charge sheet under Section 304(B) of the I.P.C.

Patna High Court Cr.Misc. No.28260 of 2016 (3) dt.27-09-2016 2/2 Submission on behalf of the petitioner is that the petitioner has inimical terms with his brother and according to the prosecution case itself, the dead body of the deceased was found in front of the house of the petitioner's brother. It is further submitted that none has seen the actual killing of the deceased and except suspicion, there is nothing against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Darbhanga in connection with Keoti P.S. Case No.13 of 2016.

(Hemant Kumar Srivastava, J) N.H./- U T