Patna High CourtCR. MISC./12879/2016bail granted

Pankaj Kumar Thakur @ Pankaj Thakur v. The State Of Bihar

2016-03-31Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12879 of 2016 Arising Out of PS.Case No. -19 Year- 2015 Thana -DEORIYA District- MUZAFFARPUR ======================================================

1. Pankaj Kumar Thakur @ Pankaj Thakur, son of Jagarnath Thakur, Resident of Village/Mohalla- Ramchandarpur, Police Station- Deoria, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar @ Vijay Kr. Singh For the Opposite Party/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased and is languishing in jail custody since 24.08.2015 in a case registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

The written report of the informant shows that marriage of deceased had taken place with petitioner on 29.06.2007 and the deceased was allegedly killed on 28.03.2015 i.e. after more than seven years of her marriage but even then the police registered the case under Sections 304B, 201/34 of the Indian Penal Code reasons best known to the concerned Officer in

Patna High Court Cr.Misc. No.12879 of 2016 (2) dt.31-03-2016 2/2 Charge. The dead body of the deceased has not been recovered and it is alleged that dead body was cremated. The impugned order shows that in course of investigation, it came to light that the dead body of the deceased was seen hanging in the house of the petitioner. So, even if the aforesaid materials assumed to be true, then also, there is nothing on the record to show that it was petitioner, who committed the murder of the deceased.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Rashmi, Judicial Magistrate 1st Class, Muzaffarpur in connection with Deoria P.S. Case No. 19 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T