Bipul Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14912 of 2017 Arising Out of PS.Case No. -396 Year- 2016 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ====================================================== Bipul Singh, son of Ashok Singh, resident of village-Kapasi, P.S.- Karandey, District-Sheikhpura.
.... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Kumar Pandey For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2017 The petitioner is apprehending his arrest in connection with Karandey P.S. Case No. 31 of 2015 corresponding to Complaint Case No. 396C of 2016, registered for offences punishable under Sections 304(B) of the Indian Penal Code.
It has been submitted on behalf of the petitioner that in this case petitioner is husband of the deceased. The police after investigation has submitted final form against the petitioner not found the case true against him but learned Magistrate has taken cognizance on the basis of protest petition. It has further been submitted that death was caused in Delhi when she was under treatment and death certificate has been annexed as Annexure-3. Heard learned A.P.P. also.
Learned counsel for the opposite party has opposed the prayer for bail. However, he has submitted that a protest petition has been filed in court of A.C.J.M.-II, Sheikhpura and on the basis of protest petition Karandey P.S. Case No.31/2015 has been instituted.
Having considered the death certificate as contained in Annexure-3
Patna High Court Cr.Misc. No.14912 of 2017 (2) dt.06-04-2017 2/2 and in view of the fact that the police after investigation not found the case true and learned Magistrate has taken cognizance on the protest petition, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Sheikhpura, in connection with Complaint Case No. 396C of 2016, corresponding to Karandey P.S. Case No. 31 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(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 shall cooperate in the trial and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) Ravi/- U T