Patna High CourtCR. MISC./26788/2015bail granted

Bikau Patel v. The State Of Bihar

2015-07-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26788 of 2015 Arising Out of PS.Case No. -267 Year- 2013 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Bikau Patel Son of Chathu Patel Resident of Village- Pachharwa Hanuman Nagar, P.S. Mejorganj, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Harendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2015 Heard the learned counsel for the petitioner as well as the learned for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302, 201 and 120B/34 of the I.P.C The prosecution story, in brief, is that it is alleged by the informant that her husband was called Jaggarnath Patel and Bikhan Patel and thereafter he became traceless and on 6.11.2013 an information was flashed that her husband was lying dead and found cut injury on his neck as a result of which he died. The informant suspected on the petitioner and other accused persons that due to previous enmity they killed her husband. On behalf of the petitioner it has been submitted that the petitioner is in custody since 11.4.2015. The petitioner has got

Patna High Court Cr.Misc. No.26788 of 2015 (2) dt.28-07-2015 2/2 no criminal antecedent. Charge sheet has been submitted in the case. The deceased was seen two days prior to the recovery of his dead body with the petitioner. On the basis of said evidence the petitioner has been implicated in the present case. It is at best a case of last seen. There is no direct or indirect evidence against the petitioner.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Sitamarhi in Majorganj P.S. Case No. 267 of 2013.

(Sudhir Singh, J) Abhay/- U T