Patna High Court granted bail to the petitioner in a bail application filed in connection with a custodial death case involving sections 302, 201 of IPC. Conditions imposed include a close relative as a surety and appearance in court.
Bail granted on furnishing bond of Rs.10,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.79089 of 2018
Arising Out of PS. Case No.-44 Year-2016 Thana- KARPI District- Jehanabad
======================================================
Arvind Singh @ Arvind Kumar @ Arvind Sharma, son of Naqgeshwar Singh, resident of village/Mohalla Shivnagar, P.S. Karpi, District Arwal
... Petitioner
| The State Of Bihar ================ |
========= | Versus ... Opposite Party ============================= |
|---|---|---|
| Appearance : For the Petitioner For the Opposite Party ================ |
: Mr. : Mr. ========= |
Shivendra Prasad, Adv. Chandrasen Prasad Singh, APP 151 ============================= |
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
The petitioner had earlier moved for bail which was rejected on 08.08.2017 in Cr. Misc. No. 29556 of 2017. The petitioner is languishing in judicial custody since 11.04.2017 in connection with Karpi P.S. Case No. 44 of 2016 for the offences alleged under Sections 302, 201, 120B and 34 of the Indian Penal Code.
The prosecution case, as lodged by the informant is that his daughter, Rubi Kumari, was married to the petitioner in the year 2004 and was always tortured by the petitioner, who is her husband, and the in-laws who had eventually burnt her to death and disposed of her dead body.
It has been submitted by the learned counsel for the petitioner that he is innocent. The marriage took place in the year 2004 and after 12 years of marriage such allegation has
Patna High Court Cr.Misc. No.79089 of 2018(2) dt.02-01-2019 2/3
been made against the petitioner and in-laws. The allegations are general and omnibus and just because the petitioner is the husband of the deceased, he has been made accused in the present case while other co-accused have been granted the privilege of bail by coordinate Benches of this Court. He submits that the trial has not progressed and there is no eye witness to the alleged occurrence. In fact, while making tea the wife of the petitioner burnt herself and succumbed.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Karpi P.S. Case No. 44 of 2016 to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad, subject to the following conditions :
(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(ii) Petitioner will appear before the learned Court below during trial as and when required and failure to appear on
Patna High Court Cr.Misc. No.79089 of 2018(2) dt.02-01-2019 3/3
two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J)
Shamshad/-
U
1 issue framed by the court
Whether the petitioner should be released on bail in connection with offences under Sections 302, 201, 120B and 34 of the IPC.
Arvind Singh @ Arvind Kumar @ Arvind Sharma
The State Of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
