Ajay Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.43421 of 2017 (4) dt.16-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43421 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -ALAMGANJ District- PATNA ======================================================

1. Ajay Kumar Son of Brij Mohan Prasad resident of Mohalla - Belwarganj, P.S. - Alamganj, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 The petitioner seeks regular bail in connection with Alamganj P.S. Case No. 106 of 2016, registered for offences punishable under Sections 326/302 of the Indian Penal Code. Petitioner is husband of the deceased and allegation against him is of causing death of the deceased. It has been submitted on behalf of the petitioner that materials collected during the course of investigation itself suggest that the deceased had consumed the acid due to which she died and this fact has been substantiated by the statement of witnesses in para 9, 10 and 11 of the case diary, wherein it has been stated that as the deceased and petitioner had altercation on some point, deceased consumed the acid.

Learned counsel for the State could not controvert the above submission.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.43421 of 2017 (4) dt.16-10-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM, Patna City, in connection with Alamganj P.S. Case No. 106 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T