Sheo Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47240 of 2018 Arising Out of PS.Case No. -28 Year- 2017 Thana -PARAIYA District- GAYA ======================================================

1. Sheo Shankar Kumar, Son of Jai Krishan Kumar Verma, resident of Village- Dharampur, P.S.- Kako, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Paraiya P.S.Case No.28 of 2017 registered for offences punishable under Sections 304B, 328 of the Indian Penal Code. Allegation against the petitioner is of causing death of the deceased, who happens to his wife.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and the postmortem report does not show any mark of injury over the person of the deceased and he is husband and the case diary disclose that she was ill and she had taken some medicines and thereafter she died. The petitioner is in custody since 20.2.2018. Heard learned A.P.P. also, who has not conroverted the

Patna High Court Cr.Misc. No.47240 of 2018 (3) dt.20-09-2018 2/2 above facts.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Smt. Sefali Naray J.M. Ist Class, Gaya in connection with Paraiya P.S.Case No.28 of 2017 dated 28.2.2017. With 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T