Suraj Kumar @ S. Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35305 of 2016 Arising Out of PS.Case No. -716 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Suraj Kumar @ S. Kumar, aged about 28 years, son of Jagdish Sah, Resident of Village-Bag Dulhan, P.S.- Hajipur Town, Dist- Vaishali. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP-36 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 716 of 2015 registered under Section 304-B of the Indian Penal Code.

It is contended that there is no truth behind the allegation made in the FIR. The deceased Nilam Devi was leading a happy married life and out of the wedlock, the petitioner and the deceased were blessed with two children, one son aged about one year ten month and one daughter aged about ten months. The wife of the petitioner died a natural death on 19th September, 2015. Initially, when she felt some trouble, she was taken to Aditya Hospital Child Care Centre. After initial

Patna High Court Cr.Misc. No.35305 of 2016 (2) dt.20-08-2016 2 / 2 treatment when her condition deteriorated, the doctor referred her to Patna Medical College and Hospital and while she was being taken to Patna Medical College and Hospital for treatment, she died. An information, in this regard, was also given to the parents of the deceased and subsequently, the body was cremated at Konhara Ghat. In support of the submission, learned counsel for the petitioner has drawn my attention towards the medical certificate and the receipt issued by the Nagar Parishad on 19th September, 2015 as contained in Annexure-2 and 3 respectively to the present application. Learned counsel for the State has opposed the application for grant of bail to the petitioner.

Be that as it may, regard being had to the facts and circumstances of the case, the petitioner, who is in custody since 25th June, 2016, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 716 of 2015.

(Ashwani Kumar Singh, J.) Sanjeet/- U T