Maujey Sah @ Mauje Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13968 of 2017 Arising Out of PS.Case No. -45 Year- 2014 Thana -PARSAUNI District- SITAMARHI ====================================================== Maujey Sah @ Mauje Sah, son of late Sakaldeo Sah, resident of Village Parsauni Malibar P.S. Parsauni District Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Parsauni P.S.Case No. 45 of 2014 registered for the offences punishable under Sections 304B and 210/34 of the Indian Penal Code.

Petitioner is father-in-law and the case is under Section 304B IPC.

It has been submitted on behalf of the petitioner that except general and omnibus allegation there is nothing specific against the petitioner and during the course of investigation it has come that deceased was mentally ill and she used to flee away from the house and sometimes petitioner used to take her back and her dead body was found in a pond. It has further been submitted that petitioner is in custody since 18.5.2016. Heard learned APP also, who could not controvert the above submission.

Having heard both sides and from perusal of the

Patna High Court Cr.Misc. No.13968 of 2017 (3) dt.27-04-2017 2/2 impugned order it appears that post mortem shows some sharp cutting injuries on the person of deceased and there is no allegation of assault against the petitioner, as such, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Sitamarhi, in connection with Parsauni P.S.Case No. 45 of 2014, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U