IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33222 of 2011
Madan Sahni
Versus
The State Of Bihar
2. 28.09.2011. Heard the learned counsels for the
petitioner and the State.
The petitioner being the husband is
apprehending his arrest in which on protest
the cognizance has been taken under Sections
304B, 201/34 of the Indian Penal Code.
It is submitted that during
investigation the accusation was found false
and the victim died due to diarrhoea when
the final form was submitted as a mistake of
fact on 05.12.2007 and protest was filed on
12.12.2007. It appears that for occurrence
of 17.09.2007 the F.I.R. was lodged on
02.10.2007. It is further submitted that out
of wedlock there is a male child who is
still residing with the petitioner.
Considering the fact that accusation
was found false during investigation, let
the petitioner, above named, be released on
bail in the event of arrest or surrender
before the learned court below within a
period of twelve weeks from today in
connection with complaint case no. C1-1017
2
of 2008 on furnishing bail bond of
Rs.10,000/-(Ten Thousand) with two sureties
of the like amount each to the satisfaction
of the learned S.D.J.M., Sitamarhi Sadar,
subject to the conditions as laid down under
Section 438(2) of the Code of Criminal
Procedure.
Learned court below will be at
liberty to cancel the bail of the petitioner
if the petitioner defaults for three
consecutive occasions during trial.
U. K. ( Dinesh Kumar Singh, J)