Patna High CourtCR. MISC./18911/2018bail granted

Siraman Sah @ Siyaraman Sah v. The State Of Bihar

2018-04-04Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18911 of 2018 Arising Out of PS.Case No. -99 Year- 2017 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Siraman Sah @ Siyaraman Sah S/o Late Jiut Sah R/o Village - Harpur Ghotha, P.S. - Gaunaha, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

The FIR was lodged on recovery of dead body of the son of the informant. The informant stated in the FIR that he will inform in writing when he will come across the identity of the assailants. During investigation, confessional statement of the petitioner was recorded by the police wherein the petitioner stated that the deceased was in the habit of teasing the female members of the village and he had sexually assaulted to the wife of the petitioner. Therefore, the petitioner committed the murder.

Patna High Court Cr.Misc. No.18911 of 2018 (2) dt.04-04-2018 P2/ Considering the fact that only material against the petitioner is confessional statement before the police, which is no evidence as well as considering the fact that petitioner is in custody since 13.11.2017 and investigation of the case is already complete, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Gaunaha P.S. Case No.99 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T