Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42607 of 2017 Arising Out of PS.Case No. -250 Year- 2016 Thana -BELAGANJ District- GAYA ====================================================== Chhotu Kumar S/o Surendra Prasad @ Surendra Singh R/o Village - Bundela Bigha, P.S. - Belaganj, Dist - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Belaganj P.S. Case No.250 of 2016 for offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

The Complaint Case No. 929 of 2016 had been lodged by the complainant Brajesh Singh that the petitioner who was the husband of his sister Khushbo Kumari along with seven other accused persons have taken away his sister and due to non-fulfillment of demand of dowry has killed his sister. The said complaint case was later on registered as Belaganj P.S. Case No.250 of 2016 under Section 156 (3) of the Cr. P.C. It has been stated in the complaint case that the complainant's

Patna High Court Cr.Misc. No.42607 of 2017 (4) dt.21-12-2017 2/3 sister gave birth to a child in June, 2015 and the petitioner along with others have killed his sister and disposed of the dead body.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that the petitioner being the husband was working in Gujarat and being an angry lady, she hanged herself for which U.D. Case No. 41 of 2016 was lodged and postmortem was done. He submits that independent witnesses have not supported the prosecution case and in fact the family members of the informant's side had participated in the cremation ceremony but later on took away the child of the deceased and demanded money and on objection has lodged the false case against the petitioner and other accused persons. He submits that charge-sheet has already been submitted and the petitioner is languishing in judicial custody since 16.06.2017. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.42607 of 2017 (4) dt.21-12-2017 3/3 satisfaction of learned Additional Chief Judicial Magistrate-XI, Gaya in connection with Belaganj P.S. Case No.250 of 2016. (Nilu Agrawal, J) Devendra/- U T