Ajit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64383 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- RAJPUR District- Buxar ====================================================== AJIT KUMAR SINGH, S/o Jagdish Singh R/o village- Rampur, P.S.- Rajpur, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rahul Nath, Adv.
For the Opposite Party/s :
Mrs.Dr. Indiwar Kumari (APP) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
Informant has alleged in her written complaint that her daughter solemnized marriage with petitioner which was a marriage as per her choice and thereafter it is alleged that on 27.03.2019 her daughter was administered poison by the petitioner and her family member as a result of which she died during treatment.
It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.64383 of 2019(4) dt.23-01-2020 2/3 that relations between him and his deceased wife were very cordial and there was no dispute with him rather dispute was with her mother for which she had filed a title suit of partition for her share in her parental property. Since, it was a love marriage, there was no question of demand of any dowry and torture for non-fulfillment of demand of dowry. The witnesses who are villagers have stated in their statement that relation between the deceased and petitioner was very cordial and informant had gifted her property to her elder daughter and had given nothing to the deceased, as such, dispute had arisen between the informant and her deceased daughter. Allegation against petitioner is false and concocted. He is in custody since 27.08.2019 having no criminal antecedent.
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 where the case is pending, in connection with Rajpur P.S. Case No. 81 of 2019, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
Patna High Court CR. MISC. No.64383 of 2019(4) dt.23-01-2020 3/3
(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.
(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) Rajiv/- U T