Jogi Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32835 of 2014 Arising Out of PS.Case No. -79 Year- 2014 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Jogi Sah son of Late Jiya Sah

2. Raj Kumar Sah son of Jogi Sah Both R/o vill. - Dhankaul, P.S. Bajpatti, District - Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Heard both sides.

Learned counsel for the petitioners seeks permission to withdraw the payer for anticipatory bail of petitioner no.1 as he has already been arrested. The prayer is allowed. The application for anticipatory bail as against him is dismissed as withdrawn having become in- fructuous.

Petitioner Raj Kumar Sah apprehends his arrest in Bajpatti P.S. Case No. 79 of 2014 registered under section 302 and other allied sections of the Indian Penal Code. The informant alleged that his daughter was married with one Ram Binay Sah son of Jogi Sah . On 08.04.2014 the informant got an information that his daughter

Patna High Court Cr.Misc. No.32835 of 2014 (2) dt.03-02-2015 2/2 was killed and her dead body was cremated.

Learned counsel for the petitioner submits that petitioner is brother-in-law of the deceased. There is no specific allegation of assault against the petitioner. The deceased Jaimanti Devi daughter of the informant died due to vomiting and diarrhea. The I.O. has examined the doctor who has also stated that the deceased was under treatment.

Considering the fact and the nature of allegation and the fact that the petitioner is brother-in-law of the deceased, the above named petitioner in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Pupri at Sitamarhi in Bajpatti P.S. Case No. 79 of 2014, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) M.Rahman/- U T