NARESH KUMAR SANGHI, J. - (1.) PRAYER in this petition is for grant of regular bail to the petitioner, Ashok Kumar, son of Kedar Nath, resident of House No. 2014, Sector 13, HUDA, Bhiwani, who has been booked for having committed the offence punishable under Section 306, IPC, in a case arising out of FIR No. 429, dated 11.11.2012, registered at Police Station, Civil Lines, Bhiwani.
(2.) LEARNED counsel contends that initially the FIR was registered for the offence under Section 302, IPC, but later on the said Section was deleted and Section 306, IPC, was added. He further contends that after investigation, the charge -sheet (report under Section 173, Cr.P.C.) had already been submitted and even the charge for the offence punishable under Section 306, IPC, has been framed for the prosecution of the petitioner. He further submits that the learned Court below has wrongly mentioned in the impugned order that the petitioner has been charged for the offence punishable under Section 302, IPC. He further submits that the petitioner is behind the bars from 18.11.2012 and there is no other adult member to look after the two adolescent children of the petitioner. He further contends that in spite of availing numerous opportunities, the prosecution has not been able to produce the material witnesses. Learned counsel for the State on instructions from SI Sish Ram of Police Station, Civil Lines, Bhiwani, very fairly concedes that the petitioner is behind the bars from 18.11.2012. He further concedes that the petitioner was charge -sheeted for the offence punishable under Section 306, IPC, on 19.2.2013, therefore, the concession of bail should not be granted to the petitioner.
(3.) I have heard learned counsel for the parties and gone through the material available on record.;