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Patna High CourtCR. MISC./71181/2018allowed

Ashutosh Rawat @ Chandan Rawat v. The State Of Bihar

2019-01-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71181 of 2018 Arising Out of PS. Case No.-201 Year-2018 Thana- SAHPUR District- Patna ====================================================== Ashutosh Rawat @ Chandan Rawat, Son of Suresh Rawat, Resident of Village- Mathiyapur, P.S.- Shahpur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Manoranjan Kumar For the Opposite Party/s :

Mr.Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is in custody in connection with Shahpur P.S. Case No. 201 of 2018 for the offence under Section 304 (B), 302 and 34 of the Indian Penal Code. Learned counsel for the petitioner would submit that petitioner is husband of the deceased and he is in custody since 04.07.2018. Learned counsel for the petitioner further submits that postmortem report would suggest that the deceased has committed suicide and it is not a case of murder. He also submits that petitioner has no criminal antecedent. He further submits that all other except this petitioner have been granted anticipatory as well as regular bail.

In this case diary was called for. Learned APP

Patna High Court Cr.Misc. No.71181 of 2018(4) dt.10-01-2019 2/2 appearing on behalf of the State with reference to case diary and postmortem report would submit that from perusal of the postmortem report, it appears that the cause of death is due to hanging by a ligature.

Considering the totality of the facts and circumstances and period of custody of the petitioner, who is in custody since 04.07.2018, let the petitioner named above, is directed to be released on bail after 21.3.2019 on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, I, Danapur, Patna, in connection with Shahpur P.S. Case No. 201 of 2018 on condition that one of the bailors should be elected representative of local body. (Anil Kumar Upadhyay, J) T.Kr./- U T