Manohar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13937 of 2021 Arising Out of PS. Case No.-108 Year-2020 Thana- RAJEPUR District- East Champaran ====================================================== 1.
MANOHAR SAH Son of Late Gopal Sah Resident of Village - Mahmmadpur Majhauliya, P.S. - Rajepur, District - East Champaran. 2.
Manoj Sah Son of Late Gopal Sah Resident of Village - Mahmmadpur Majhauliya, P.S. - Rajepur, District - East Champaran. 3.
Sitaram Sah Son of Late Bhuneshwar Sah Resident of Village - Mahmmadpur Majhauliya, P.S. - Rajepur, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.
The petitioners are apprehending their arrest in a case registered under Sections 306, 201 and 34 of the Indian Penal Code. The prosecution allegation, in short, is that the deceased consumed poison and the accused persons took the body for cremation.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of
Patna High Court CR. MISC. No.13937 of 2021(2) dt.17-12-2021 2/2 tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. The present case relates to commission of suicide by one Shiv Nath Sah. From perusal of the F.I.R., it appears that the petitioners are not the abettor. The names of the petitioners have transpired on the disclosure made by local Chowkidar.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, East Champaran at Motihari in connection with Rajepur P.S. Case No. 108 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T