Sharban Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16342 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -SANGRAMPUR District- MUNGER ====================================================== Sharban Kumar, Son of Late Dwarika Prasad Singh, resident of village - Podia Jhun - Jhunia, P.S. Sangrampur, District - Munger. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Satyam Shivam Sundaram For the Opposite Party/s : Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-07-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sangrampur P.S. Case No. 128 of 2016, registered under Section 304(B)/34 of the Indian Penal Code.
The allegation of informant Rajesh Kumar Singh is that he performed the marriage of his daughter with this petitioner in the year 2012. After the marriage petitioner made demand of Rs. 1,00,000/- for purchase of land in which Rs. 70,000/- was handed over to the petitioner, but thereafter, he made demand of motorcycle, but informant was unable to fulfill the demand of motorcycle and gave Rs. 10,000/- on which petitioner become angry and on 19.11.2016 Mohan Singh, elder
Patna High Court Cr.Misc. No.16342 of 2017 (4) dt.13-07-2017 2/3 brother of petitioner, informed him on phone about death of his daughter. Thereafter, informant went there and found dead body, which was taken away by the Police. The informant asserted that his daughter has been killed by her husband and other in-laws. Learned counsel for the petitioner submits that, in fact, petitioner is in military service and was posted at Meghalya and he had come on leave of 20 days in between 31.10.2016 to 19.11.2016 at his house and his wife (deceased) started to keep pressure to accompany her at service place, but petitioner was not ready due to non-availability of family accommodation and also due to posting at the boarder. Further submission is that the petitioner proceeded in the morning of 19.11.2016 boarding on the train at Naugachiya at 11.00 A.M. and when he was in the train, he received information about committing suicide by hanging herself, then he returned to his house, which would appear from Annexure-3, this fact has also come in paragraph No.41 and 49 of the case diary.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like
Patna High Court Cr.Misc. No.16342 of 2017 (4) dt.13-07-2017 3/3 amount each to the satisfaction of the ACJM-II, Munger in connection with Sangrampur P.S. Case No. 128 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T