Umesh Kumar Singh @ Umesha Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85336 of 2019 Arising Out of PS. Case No.-144 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== UMESH KUMAR SINGH @ UMESHA KUMAR SINGH Son of Late Rajendra Singh Resident of Village- Nawada Ben, Police Station- Udwant Nagar, District- Bhojpur (Ara) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 23.08.2018 in a case registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report of Rabindra Kumar Singh submitted before the Station House Officer, Gajrajganj Police Station to the effect that the younger sister of the informant namely, Mira Devi was married with the petitioner in the year 1998, but subsequently, she was subjected to torture and assault. On 06.05.2018, in the

Patna High Court CR. MISC. No.85336 of 2019(4) dt.19-03-2020 2/3 morning, the informant received information that his sister has been killed.

It is submitted by learned counsel for the petitioner that due to poor financial condition there was some hot exchange of words between the petitioner and his wife and she ultimately committed suicide by jumping in front of a running train, thereafter, the dead body of the victim was cremated, but maliciously the present F.I.R. has been lodged with false accusation. Moreover, on conclusion of investigation, the charge-sheet has been submitted under Section 306 of the I.P.C. It is further submitted that though the petitioner is accused in one other case apart from the present case, but he has been acquitted in the said case Learned APP for the State after going through the case diary submits that though the thrust of accusation is against the petitioner, being husband of the victim, but does not controvert this fact that the charge-sheet has been submitted under Section 306 of the I.P.C..

Considering the fact that on conclusion of investigation, the charge-sheet has been submitted under Section 306 of the I.P.C., let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.85336 of 2019(4) dt.19-03-2020 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur at Ara, in connection with Udwant Nagar (Gajrajganj) P.S. Case No. 144 of 2018. (Dinesh Kumar Singh, J) Ashwini/- U T