Sugiyan Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70250 of 2019 Arising Out of PS. Case No.-147 Year-2013 Thana- AGIAON District- Bhojpur ====================================================== SUGIYAN MUSHAR Son of Late Raja Ram Mushar @ Raja Ram, Resident of Village - bahadurpur, P.S.- Agion (G), Distt.- Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-05-2020 Heard learned counsel for the petitioner and learned counsel for the State through Video Conferencing in view of the lock-down on account of COVID-19 pandemic.

In this case, the petitioner is seeking regular bail in connection with Agion Garhani P.S. Case No.147 of 2013 registered for offence punishable under sections 304(B)/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

In the present case, the petitioner is the husband of the deceased. Allegation has been made against the petitioner to have committed murder of his wife, but paragraphs 10, 11 and 12 of the case diary shows that the petitioner at that time was not in the house and when he returned to the house, he found that his wife had committed suicide after bolting the door from

Patna High Court CR. MISC. No.70250 of 2019(6) dt.27-05-2020 2/2 inside and the independent witnesses have also stated that she has committed suicide by way of hanging.

Learned counsel for the petitioner submits the petitioner is in custody since 15.09.2018.

Looking to the facts and circumstances of the case, the petitioner, named above, is directed to be released on regular bail on his personal bond to the satisfaction of Additional Sessions Judge-III, Bhojpur, Ara in connection with Agion Garhani P.S. Case No.147 of 2013, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. In case of failure, the bail granted to the petitioner will be treated to have been withdrawn.

(Shivaji Pandey, J) Mahesh/- U T