Amlesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27977 of 2016 Arising Out of PS.Case No. -215 Year- 2013 Thana -CHHATAPUR District- SUPAUL ====================================================== Amlesh Sah Son of Nunulal Sah, Resident of Village - Bhawanipatti, P.S. - Chhatapur, District - Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 304B and 201/34 of the I.P.C. Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application with the direction to the trial court to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of the order.

A report was called for from the court below regarding the stage of the case. It has been reported that the charge has been framed on 20.6.2016.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.06.2015. Charge has already

Patna High Court Cr.Misc. No.27977 of 2016 (5) dt.07-12-2016 2/2 been framed. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has got no criminal antecedent. From perusal of paragraph nos.6, 7, 9, 17, 103 and 104 of the case diary, it is evident that the deceased had committed suicide due to petty family dispute. No offence under Section 304B of the I.P.C. is made out. The case of suicide by the deceased is supported by the independent witnesses. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. but the independent witnesses in course of investigation have stated that the deceased had committed suicide. Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 Sessions Judge, Supaul in connection with Sessions case No.233 of 2015 arising out of Chhatapur P.S. case No.215 of 2013. (Sudhir Singh, J) Narendra/- U T