Sitaram Rai @ Sitaram Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2897 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -CHAKAI District- JAMUI ====================================================== SITARAM RAI @ SITARAM SINGH Son of Late Ishari Rai R/villageBishanpur, P.S. Chakai, District-Jamui .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-02-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Chakai P.S. Case No. 07 of 2016/ G.R. No. 134 of 2016 for the offences punishable under sections 302, 34 and 328 of the I.P.C.
Marriage of Pankaj Chaudhary was solemnized with Manisha Kumari, the daughter of the petitioner and after marriage Manisha Kumari lived in her Sasural for 10-15 days and came back to her Naihar. Thereafter Pankaj Chaudhary went to his Sasural for her Bidai but the informant was informed that his brother died at his Sasural and accordingly it is alleged that Pankaj Chaudhary was murdered by his wife, the petitioner, mother-in-
Patna High Court Cr.Misc. No.2897 of 2017 (3) dt.23-02-2017 2/3 law and brother-in-law Shankar Rai by giving him poison and due to which his brother died.
Submission is of false implication and that due to the village politics the petitioner and others have been implicated, as a matter of fact the deceased was habitual drinker and he took poison himself, the petitioner has performed marriage of his daughter with the deceased, there is no chance for the petitioner to administer poison to the deceased and as such the petitioner deserves sympathetic consideration. The learned counsel for the petitioner has referred paragraphs- 59, 60, 66, 98 and 153 of the case diary.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner by submitting that during investigation several witnesses have supported the prosecution version. In the facts and circumstances as stated above, considering that the witnesses vide paragraphs- 59, 60, 66, 98 and 153 of the case diary have stated that the deceased consumed poison himself and as such the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. C.J.M. Jamui in connection
Patna High Court Cr.Misc. No.2897 of 2017 (3) dt.23-02-2017 3/3 with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T