Patna High CourtCR. MISC./15752/2016bail granted

Santosh Sao@ Santoh Sao v. The State Of Bihar

2016-05-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15752 of 2016 Arising Out of PS.Case No. -225 Year- 2015 Thana -JHAJHA District- JAMUI ====================================================== Santosh Sao@ Santoh Sao, Son of Ganesh Sao, R/o Village Bhalua, P.S. Jhajha, District Jamui.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Jhajha P.S. Case No.225 of 2015 for the offences instituted under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code and 3⁄4 Prevention of Witch (Dain) Protection Act. The prosecution case, in brief, is that on 29.11.2015 at 9.00 A.M. co-villagers came to his house for taking Chanda in Astjam occasion, then, his wife Sumitra Devi told to villagers that her Gotia Ganesh Sah abused and called him Daain, and first of all solve this problem, then, she will give Chanda, then, villagers returned back.

It is submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.15752 of 2016 (2) dt.16-05-2016 2/2 petitioner has got no criminal antecedent. Nature of injury is said to be simple, hence, no offence under Section 307 I.P.C. is made out. The alleged occurrence had taken place due to the partition in the family. Petitioner and informant are own brothers. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of S.D.J.M., Jamui, in connection with Jhajha P.S. Case No.225 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) N.H./- U T