Parshuram Sah @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44820 of 2015 Arising out of PS.Case No. -267 Year- 2014 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Parshuram Sah @ Rakesh Kumar, son of Ram Khelawan Sah, resident of village- Sanha Bakhadda, P.S. Sahebpurkamal, District- Begusarai, as given in the address of F.I.R. But the present and Permanent address is the resident of Mohalla- Uttari Hajipur, ward no. 13 (Khagaria), P.S.- Chitragupt Nagar, District- Khagaria.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Raja Surendra Mohan, Advocate. For the Opposite Party : Mr. Jitendra Kr. Roy No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 09.12.2014 in connection with Sahebpur Kamal P.S. Case No. 267 of 2014, G.R. No. 4391 of 2014 for the offences instituted under Sections 147, 148, 149, 302, 307, 323, 324, 341 and 120(B) of the IPC. The prosecution story, in brief, is that on 07.10.2014, the husband of the informant Ram Dayal Sah was going to Petrol Pump, Kakhadda at 12 A.M. When he reached near the house of Shankar Sah, accused persons, namely, Shankar Sah, Parsuram Sah(petitioner), Sabitri Devi pulled him from the cycle and
Patna High Court Cr.Misc. No.44820 of 2015 (3) dt.17-12-2015 2/3 dragged in her home. Having received information, the informant alongwith her mother-in-law, Nanad, Devrani etc., reached at the house of this accused Shankar Sah and found the gate of his house closed. She also found that rest accused persons including petitioner brutally assaulted her husband and also pecked out both eye balls of her husband. On hulla, all accused persons came out side the house and assaulted her mother-in-law and Nanad. The villagers came in rescue. The reason behind the occurrence is that the accused persons were insisting to withdraw the earlier case instituted by the deceased (husband of the informant) regarding kidnapping of his son.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 09.12.2014 and the charge sheet has been submitted in the case. There is no allegation of tampering of the evidence against the petitioner. General and omnibus allegation has been made against the petitioner. No specific injury has been attributed against the petitioner. There is no eye witness to the alleged occurrence.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the
Patna High Court Cr.Misc. No.44820 of 2015 (3) dt.17-12-2015 3/3 petitioner above named, 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 the learned C.J.M., Begusarai, in connection with Sahebpur Kamal P.S. Case No. 267/2014, G.R. No. 4391/2014.
U.K./- (Sudhir Singh, J) U T