Awadh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48959 of 2018 Arising Out of PS.Case No. -157 Year- 2018 Thana -MINAPUR District- MUZAFFARPUR ======================================================
1. Awadh Prasad, S/o Late Rajendra Prasad, resident of Village - Alineura Daudchapra, Alineura, P.S. - Minapur, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Rakesh For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 306/34 of the Indian Penal Code.
The FIR would reveal that son of the informant committed suicide for the reason that he was going on depression due to the fact that he was forcefully married with the daughter of the petitioner.
Submission is that the allegation does not constitute the offence of abetment to commit suicide as there is no direct nexus between any act committed by the petitioner and the death. Finding substance in the submission aforesaid, let the
Patna High Court Cr.Misc. No.48959 of 2018 (2) dt.24-09-2018 2/2 petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Minapur Police Station Case No. 157 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T