Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43441 of 2018 Arising Out of PS. Case No.-275 Year-2017 Thana- PATNA CITY CHOWK District- Patna ====================================================== Mukesh Kumar, Son of Late Ramdev @ Ramdeo Prasad, resident of Aga Hussain Ka Chauraha, Police Station- Chowk, Patna City in the district of Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Chowk P.S. Case No. 275 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant is the father of deceased has alleged that petitioner and his family members used to torture his daughter and although marriage of his daughter was solemnized 8 years earlier but she had no children. It is alleged that on 18.08.2017 at 11:00 A.M. petitioner and other family members set her ablaze and she was admitted in the hospital in a very precarious condition and she died on 06.09.2017 and thereafter this FIR has

Patna High Court Cr.Misc. No.43441 of 2018(3) dt.24-09-2018 2/2 been instituted.

It has been submitted on behalf of the petitioner that the statement of victim was recorded in presence of her parents, police and doctor in which she had stated that she had sprinkled kerosene oil on her body herself and set her ablaze and at that time she was speaking with petitioner on mobile . She has not blamed anyone for this act. The petitioner was admitted in hospital and was under treatment for almost 18-19 days but no FIR was instituted on the allegation made in the present FIR. Petitioner has no criminal antecedent and he is in custody since 20.04.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Patna City, Patna in connection with Chowk P.S. Case No. 275 of 2017. (S. Kumar, J) veena/manojU T