Patna High CourtCR. MISC./43715/2015bail granted

Sukar Sao v. The State Of Bihar

2016-01-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43715 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -FATEHPUR District- GAYA ======================================================

1. Sukar Sao son of Late Gango Sao, resident of village- Rengani, P.S. Fatehpur, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nagendra Kumar Singh For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner and four others are named in the first information report on the accusation that they mercilessly assaulted the deceased and threw her dead body in a well. The post mortem report of the deceased shows that several injuries were found on the person of the deceased.

Submission on behalf of the petitioner is that according to prosecution case itself, the alleged occurrence took place in the evening of 20.02.2015 at the door of informant and in further statement, the informant stated that dead body of the deceased was taken out from a well in the morning of 21.02.2015. It is further submitted by him that as a matter of fact, deceased fell

Patna High Court Cr.Misc. No.43715 of 2015 (3) dt.04-01-2016 2/2 into the well and sustained injury or occurrence might have taken place at different place but informant due to previous dispute lodged this false case implicating the petitioner and others. Considering the aforesaid facts and circumstances as well as this aspect of the matter that it is not clear who gave fatal blow to the deceased, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Rakesh Kumar Pandey, Judicial Magistrate 1st Class, Gaya in connection with Fatehpur P.S. Case No. 49 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T