Lal Babu Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.23321 of 2015 (3) dt.23-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23321 of 2015 Arising Out of PS.Case No. -24 Year- 2011 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== LAL BABU SAH, S/O JAGDISH SAH, RESIDENT OF VILLAGE SRIPUR KASWA, P.S.
GHORASAHAN, DISTRICT EAST CHAMPARAN.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Ghorasahan P.S. Case No. 24 of 2011 registered under Sections 302 and 120(B) of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner happens to be the husband and father of the deceased, Sobha Devi and Guddi Kumari, in fact, deceased, Sobha Devi due to quarrel in the family left the house along with her daughter Guddi Kumari and consumed poison and died on 15.09.2009. Thereafter, on the basis of report of Dina Nath Sah, nephew of the deceased, U.D. Case No. 3 of 2009 has been lodged at Ghorashan
Patna High Court Cr.Misc. No.23321 of 2015 (3) dt.23-09-2015 Police Station on 16.09.2009 but the informant, who is the brother of the deceased, after two months of the occurrence, lodged the Complaint Case No. 738 of 2009 in the court of Sub-Divisional Judicial Magistrate, Motihari, East Champaran which is the basis of the F.I.R. only to harass the petitioner. It is further submitted that police on investigation submitted the charge sheet under Section 306 of the I.P.C. against the petitioner and he is in custody since 13.03.2015.
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 Sub-Divisional Judicial Magistrate, Sikarhana at Motihari, in connection with Ghorsahan P.S. Case No. 24 of 2011, (Rajendra Kumar Mishra, J) Bhardwaj/- U T