Dipak Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74371 of 2019 Arising Out of PS. Case No.-333 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== DIPAK PATHAK S/o Sunil Chandra Pathak R/o village- Raghunathpur, P.S.- Turkawaliya (Raghunathpur O.P.), Distt.- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2020 Heard the parties.

The petitioner seeks regular bail in connection with Turkawalia P.S.case No.333 of 2019 registered for offences punishable under Sections 498(A), 324, 325, 326 and 307/34 of the Indian Penal Code and Section 304(B) of the Indian Penal Code.

Petitioner happens to be husband and there is allegation of demand of four wheeler and for that assaulting her and later on set her on fire.

Submission of the learned counsel for the petitioner is that as a matter of fact she committed suicide by setting herself on fire. Petitioner has taken her to the hospital and informed the parents of the deceased and later on she succumbed to the injuries. It is further submitted that the witnesses in para nos. 15, 16 and 17 of the case diary have also stated that there was some dispute between the petitioner and the deceased and the

Patna High Court CR. MISC. No.74371 of 2019(3) dt.05-02-2020 2/2 petitioner has gone to leave the children to the school and when he came , in the meantime, she set herself on fire. Petitioner has taken her to the hospital and the dead body was disposed of and later on after inordinate delay , the present case has been filed. Petitioner is in custody since 29.5.2019 and ready to cooperate in the disposal of the trial. Heard learned A.P.P. and the learned counsel for the informant, who has opposed the prayer for bail.. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, E. Champaran in connection with Turkawalia P.S.Case No.333 of 2019.

With the above direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T