Ravindra Kumar @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2206 of 2017 Arising Out of PS.Case No. -832 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Ravindra Kumar @ Ravi Kumar, S/o Laxman Bhagat, R/o village - Bhatwalia, P.S.- Bhathnaha, District - Sitamarhi .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Yogendra Prasad Sinha, Advocate For the Opposite Party : Mr. Ganesh Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code but subsequently charge sheet has been submitted under Section 304 of the Indian Penal Code.

It is alleged that on the date of occurrence Jaiman Devi and this petitioner was found lying injured in the house. Both were taken to hospital for treatment and Jaiman Devi died in Sadar Hospital. This petitioner is said to be own nephew of Jaiman Devi. Jaiman Devi was living with this petitioner. The learned Additional Sessions Judge-1st, Sitamarhi has referred several paragraphs of the case diary in the impugned order.

Patna High Court Cr.Misc. No.2206 of 2017 (3) dt.22-02-2017 2/2 After looking into those paragraphs of the case diary the learned A.P.P has submitted that there is no eye-witness to the occurrence and no any specific overt act has been alleged by the witnesses against this petitioner. Postmortem report is available with the case diary, wherein doctor has found sharp cutting injury in the hand of the deceased and cause of death was due to above injury caused by sharp cutting weapon. Petitioner is said to be in custody since 31.10.2016.

Considering the aforesaid facts and circumstances of the case, let the 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 learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No. 832 of 2015, subject to the condition that both the bailors will be the close relative of the petitioner. (Sanjay Priya, J.) ravi/- U T