Patna High CourtCR. MISC./34995/2018bail granted

Vishwajit Kumar @ Vishwakarma v. The State Of Bihar

2018-08-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34995 of 2018 Arising Out of PS.Case No. -273 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Vishwajit Kumar @ Vishwakarma Son of Suraj Rai, resident of MohallaJhauganj Makhaniya Shah Ki Gali, P.S.- Chowk, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Adv For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302 of the Indian Penal Code.

According to FIR, the petitioner is suspected to have committed murder of his wife for mutual dispute. The victim was married in the year 1997 with one Raj Kumar Rajak, which would be evident from the statement of Raj Kumar Rajak recorded in paragraph-14 of the case diary. Raj Kumar Rajak had three children from the victim. In the year 2014, the victim came in contact with the petitioner and thereafter a divorce case was going on between Raj Kumar Rajak and the victim.

Patna High Court Cr.Misc. No.34995 of 2018 (3) dt.28-08-2018 2/2 Submission is that there is no witness of the occurrence, mere suspicion is there. Petitioner is in custody since 08.03.2018. Investigation of the case is already complete.

Considering the fact that only material against the petitioner is suspicion, let the petitioner, above named, be released on bail on 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 Chowk Police Station Case No.273 of 2017, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further 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) Nitesh/- U T