Heard learned counsel for the applicant, Sri Dhirendra Kumar Srivastava, learned counsel for the complainant and the learned A.G.A.
It is argued by the learned counsel for the applicant that the applicant is the Devar of the deceased and initially the FIR was registered under Section 306 IPC but after the death of deceased, it was converted into section 304/201 IPC. Admittedly the incident took place within 12 years of the marriage. A certificate of CMS has also been annexed which mentions that the deceased was admitted in the Hospital on 28.11.2009, where she died at 1.15 P.M on the same day due to snake bite.
Per contra, learned AGA and the learned counsel for the complainant argued that no information was given to them and they opposed the prayer for bail.
The case of the applicant is distinguishable from the husband.
Having considered the submissions of the parties and without expressing any opinion on the merits of the case, let the applicant Radhey Shyam involved in case crime No. 587 of 2009, under Sections 304, 201 IPC., P.S. Karma, district Sonbhadra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.
Order Date :- 3.2.2010 sfa/