Jagarnath Kushwaha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10992 of 2018 ======================================================

1. Jagarnath Kushwaha, S/o Late Muneshwar Kushwaha null

2. Chandra Bhushan Kushwaha, S/o Jagarnath Kushwaha, Both are Resident of Village- Murgahawa, Police Station- Dhanaha, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-04-2018 Heard learned Counsel for the petitioners and the State. Petitioner, already in custody since 29.10.2017, seek bail in Dhanaha PS Case No. 200 of 2017 registered under Sections 304B and 201/34 of the IPC.

The allegation in brief is that within three years of marriage wife of petitioner No. 2 was killed and the dead body was disposed of discretely due to non fulfillment of demand of motorcycle. Learned Counsel for the petitioners submits that wife of petitioner No. 2 died due to illness, her parents were informed regarding death and they participated in the cremation. Whereas, learned Counsel for the State submits that there is no material to show that she was treated anywhere for the illness or died due to some diseases and the petitioner no. 2 is husband. Having considered the allegation of demand of motorcycle by the husband, the dead body was disposed of after killing her and there is no any medical prescription to show any kind of illness she was suffering from, so the prayer for bail of the husband (petitioner No. 2) Chandra Bhushan Kushwaha is rejected.

However, so far petitioner No. 1 Jagarnath Kushwaha is

Patna High Court Cr.Misc. No.10992 of 2018 (3) dt.09-04-2018 concerned, he is directed to 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 ACJM Bagaha, West Champaran connection with Dhanaha PS Case No. 200 of 2017. Snkumar/- (Arun Kumar, J) U T