Sanoj Sah @ Sanoj Saha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1761 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -BALRAMPUR District- KATIHAR ====================================================== Sanoj Sah @ Sanoj Saha Son of Ganauri Sah Resident of Village-Hat Gachhi Bir Nagar, P.S. Balrampur, District-Katihar. .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Bimal Kumar, Advocate : Mr. Birendra Kumar, Advocate : Ms. Maruti Kumar, Advocate For the Respondent/s : Smt Usha Kumari No-1, Spl P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-07-2017 The appellant seeks bail in connection with Balrampur P.S. Case No. 52 of 2017 registered for offences punishable under section 302/506 of the Indian Penal Code and Section 2(v) of the SC/ST Act.
Allegation against the appellant is that on 06.04.2017 the son in law of informant came at his house and started to assault to his wife then the father in law pacified their quarrel and left from there for some work. When they returned back they saw that daughter of the informant Murli Devi found burnt injury and restless. When informant asked the4 cause of burn from their son in law then he assaulted them. During the course of treatment deceased died.
Learned counsel for the appellant submitted that during investigation one of witness stated that appellant also got partly injured in his hand, which shows that appellant had tried to save her and he also took her in the hospital for treatment but she died. Further submission is that there is no eye witness of the occurrence and there was love marriage between the parties. The appellant has been in custody since 09.04.2017. Heard learned Special P.P. also.
Having heard both sides and considering the aforementioned facts and circumstances, this appeal is allowed, let appellant above named be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st cumSpecial- Judge, Katihar in connection with Balrampur P.S. Case No. 52 of 2017, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellant will not adduce any witness or tamper with the evidence.
(iii) The appellant shall cooperate in the disposal of trial and make 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 reasons, the prosecution is free to move for cancellation of their bail. (Vinod Kumar Sinha, J.) veena/- U T