Sonu Kumar Singh @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64196 of 2018 Arising Out of PS. Case No.-267 Year-2017 Thana- ALAMGANJ District- Patna ====================================================== Sonu Kumar Singh @ Sonu Kumar, Son of Balwant Singh, resident of Village- Banglapar, Bochaha, P.S.- Mohiuddin Nagar, District- Samastipur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Alamganj P.S. Case No. 267 of 2017, instituted for the offences under Section 304 (B) of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the petitioner is a Sepoy working with 63 Rastriya Rifles (Bihar) posted at Udhampur, Jammu and Kashmir. He was not present on the date of occurrence. He has annexed the certificate granted by the Commander of 63 Rastriya Rifles as Annexure-2, in support of his statement. It is also submitted that he reached his house after the cremation of dead body of deceased because his relieve was granted from 10.07.2017 to 08.08.2017 as stated in
Patna High Court Cr.Misc. No.64196 of 2018(3) dt.06-11-2018 2/3 Annexure-2. It has been further submitted that the petitioner had good relation with his wife. He has taken due care of his deceased wife. He has one female child aged six years who is studying in U.K.G., in D.P.S. " Little Stars" School, Patna. The informant has alleged that his daughter was married with this petitioner on 05.05.2011. The daughter was mal-treated by petitioner and his family members for nonfulfillment of demand of dowry. The informant made compromise. The petitioner accommodated his wife in rented house in Adiwasi Colony, P.S. Alamganj, Patna. Sumit Kumar and his wife were taking care of the deceased. The informant came to know on 08.07.2017 by the nearby people that his daughter has died. He reached at the place of occurrence. He saw the dead body of his daughter. The jhag was coming from her mouth. He has alleged that his daughter has been murdered by this petitioner and others.
Learned counsel for the petitioner has submitted that daughter of the deceased has given statement in paragraph 10 of the case diary, wherein, she has stated that her mother has taken something in the night and, thereafter, she found her mother unconscious on the next morning.
Learned APP for the State, after verifying the
Patna High Court Cr.Misc. No.64196 of 2018(3) dt.06-11-2018 3/3 aforesaid statement, stated that daughter of deceased has given such statement before police. The petitioner was not present on the date of occurrence as appear from Annexure-2, which has been issued by the Commander of the 63 Rastriya Rifle. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. 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 the learned Additional Chief Judicial Magistrate, Patna City, in connection with Alamganj P.S. Case No. 267 of 2017. Both the bailors will be close relative of petitioner.
(Sanjay Priya, J) khushbu/- U T