Upendra Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.4071 of 2016 (2) dt.29-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4071 of 2016 Arising Out of PS.Case No. -302 Year- 2015 Thana -NANHPUR District- SITAMARHI ====================================================== Upendra Sah Son of Chulhai Sah Resident of village - Banaul, P.S. Nanpur, District - Sitamarhi .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bikramdeo Singh, Adv. Mr. Pushpendra Kumar Singh, Adv.
For the Opposite Party/s : Mr. Renu Kumari App ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302,120B/34 of the Indian Penal Code.
It is alleged against the petitioner that the informant P.S.I Ram Charitra Das investigated the case of Nanpur P.S. Case No. 140 of 2015 and found the case true against the accused persons for the offence under Section 307 and other offences of I.P.C. in which the informant was Upendra Sah, the present petitioner in which he asserted that that accused persons brutally assaulted him and other family members due to which his mother Janak Dulari Devi was also seriously injured. On 04.05.2015 said Janak Dulari Devi died and the informant Upendra Sah got post -
Patna High Court Cr.Misc. No.4071 of 2016 (2) dt.29-01-2016 mortem examination of dead-body of his mother. The medical Officer asserted that she died within 24-36 hours which shows that she died after 4-5 hours of alleged occurrence of Nanpur P.S. Case No. 140 of 2015.
It is submitted by the petitioner that allegation against him is false and fabricated.
Considering the accusation based on the presumption and inference, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, 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 Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 302 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Prakash/- U T