← Library
Patna High CourtCR. MISC./66779/2019bail granted

Sintu Kumar @ Saroj Singh v. The State Of Bihar

2020-01-23Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66779 of 2019 Arising Out of PS. Case No.-62 Year-2015 Thana- WARISLIGANJ District- Nawada ====================================================== SINTU KUMAR @ SAROJ SINGH Son of Karu Singh Resident of Village - Kumbhi, P.S.- Warsaliganj, Distt - Nawadah.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Section 304(B)/34 of the Indian Penal Code. Informant is the uncle of deceased, who in his written complaint has alleged that his niece Rinki Kumari was married to petitioner according to Hindu Rites and Customs in the year 2009 and thereafter she went to her matrimonial home but she was being subjected to torture by the husband and his family members for non-fulfillment of demand of dowry. On 06.03.2015 at about 8:00 AM he received information on his mobile that his niece is dead and they reached her matrimonial house and found her lying dead on the bed and empty needle and injection were lying there.

Patna High Court CR. MISC. No.66779 of 2019(3) dt.23-01-2020 2/3 It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case merely on the basis of suspicion. The allegation of demand of dowry and torture is false and concocted. He had very cordial relation with the wife and they were leading happy conjugal life and the deceased was suffering from Bronchitis prior to marriage and she had become anemic and very weak and she was being given best treatment but in spite of providing her best treatment she could not survive and died due to Bronchitis.

Postmortem report was conducted on the dead body of deceased but cause of death could not be ascertained, as such, Vicera was preserved and sent to forensic lab for examination and report was sent by the forensic lab in which no poisonous substance has been found in the postmortem report. No external injury was found. Petitioner has no criminal antecedent and is in custody since 29.06.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Warsaliganj P.S. Case No.

(1) Bailors should be local

Patna High Court CR. MISC. No.66779 of 2019(3) dt.23-01-2020 3/3 having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T