Brahmadev Sah @ Brahmdeo Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.18566 of 2015 (3) dt.09-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18566 of 2015 Arising Out of PS.Case No. -66 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== BRAHMADEV SAH @ BRAHMDEO SAH, SON OF NATHUNI SAH RESIDENT OF VILLAGE - LAMIPUR, P.O.-LACMIPUR, P.S. MUFFASIL , DISTRICT- EAST CHAMPARAN.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-09-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Muffasil P.S. Case No. 66 of 2014 registered under Sections 302, 201, 323 and 504 of the Indian Penal Code.

The allegation of complainant-informant, Chhatiya Devi, is that on 05.02.2014 her husband was called by petitioner for taking meat, till late night her husband did not return then she went to the petitioner's house where she found that her husband was sleeping on a coat and the petitioner said that he is in drunken state and he will go in the morning. When her husband did not return in the morning then she went to the house of the petitioner where petitioner and his

Patna High Court Cr.Misc. No.18566 of 2015 (3) dt.09-09-2015 son were not there. In course of search, informant found the towel of her husband in the filed which was stained with blood. The complainant-informant raised suspicion against the petitioner and his son, Raju Sah to commit the murder of her husband, Kaushal Sah. Learned counsel for the petitioner submits that it would appear from the F.I.R. that there is no eye witness of the occurrence and in course of investigation, the witnesses in paragraphs 8, 9, 10 and 11 have disclosed that Kaushal Sah was habitual drinker and he died due in natural death and his last ceremony was performed. It is further submitted that petitioner is in custody Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Muffasil P.S. Case No. 66 of 2014.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T