Sheshnath Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.30186 of 2015 (4) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30186 of 2015 Arising Out of PS.Case No. -122 Year- 2014 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sheshnath Sah S/o Sahdeo Sah Resident of Village Siswaniya, P.S. Darpa, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kant Mani Tripathi For the Opposite Party/s : Mr. Shailendra Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 14.10.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner happens to be husband of the deceased. Marriage of the petitioner had taken place with deceased on 22.5.2007 and according to the prosecution case itself, deceased died on 20.12.2014. Although case was, initially, registered under section 304B of the Indian Penal Code but admittedly, deceased died after seven years of her marriage. However, section 302 of the Indian Penal Code was, subsequently, added in the first information report but admittedly, none has seen the actual killing of the deceased. No doubt, cause of death was found strangulation but it is not specific who caused death of the deceased. Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri N.K. Prayadarshi, Judicial

Patna High Court Cr.Misc. No.30186 of 2015 (4) dt.14-10-2015 Magistrate, Ist Class, Raxaul at Motihari/ concerned court in Darpa P.S. Case no. 122/2014.

shahid (Hemant Kumar Srivastava,J) U T