Patna High CourtCR. MISC./33882/2015bail granted

Sri Kant Sharma v. The State Of Bihar

2015-10-30Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33882 of 2015 Arising Out of PS.Case No. -2 Year- 2014 Thana -KASMA District- AURANGABAD ======================================================

1. Sri Kant Sharma S/o Lav Kush Sharma, resident of Village- Mahuyaien, P.S.- Kasma, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Meena Singh For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased, who died within two years of her marriage due to burn injuries. According to prosecution case itself, deceased was caught in fire on 12.01.2014 and she died on 18.01.2014 i.e. after six days of the alleged occurrence. Furthermore, it is admitted case of the prosecution that informant got information about the occurrence on 12.01.2014 but he lodged the present case on 19.01.2014 i.e. after death of the deceased. Moreover, in course of investigation, the co-villagers of the petitioner as well as informant himself admitted that petitioner was not present at his village at the time of alleged occurrence rather he was outside the State in connection

Patna High Court Cr.Misc. No.33882 of 2015 (3) dt.30-10-2015 2/2 with his livelihood.

Furthermore, it has come in course of investigation that mother in law of the deceased took the deceased to hospital and made attempt to save the life of the deceased but unfortunately, she died in course of her treatment. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri B.K. Pathak, Judicial Magistrate 1st Class, Aurangabad in connection with Kasma P.S. Case No. 02 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T