Shyam Sao v. The State Of Bihar

Patna High Court Cr.Misc. No.4107 of 2016 (2) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4107 of 2016 Arising Out of PS.Case No. -90 Year- 2015 Thana -ATHMALGOLA District- PATNA ======================================================

1. Shyam Sao son of Late Ramjee Sao, resident of village- Usmanpur Chedi Singh, Katola, P.S.- Athmalgola, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.02.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner happens to be husband of the deceased and according to the prosecution case itself, deceased died on 1.1.2015 and informant filed complaint case on 1.4.2015 i.e. after three months of the death of deceased.

The contention on behalf of the petitioner is that deceased died of her ailment and after death of the deceased, informant participated in her cremation and all articles of the deceased were handed over to the informant but subsequently, informant started demanding Rs 02/- lakhs more from the petitioner and his other family members which was refused by the petitioner resulting filing of this false case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on

Patna High Court Cr.Misc. No.4107 of 2016 (2) dt.09-02-2016 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Barh District Patna in Athmalgola P.S. Case no. 90/2015. shahid (Hemant Kumar Srivastava,J) U T