Hari Nath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27405 of 2016 Arising out of P.S. Case No. - 52 Year - 2014 Thana - MAKER District - SARAN ====================================================== Hari Nath Sah, S/o Late Gevi Lal Sah, R/o Vill. - Nandan Kaituki, P.S. Maker, Distt Saran Chhapra. Presently Residing at Pipra Dih (Pipra Devas) under P.S. Barauni in Begusarai District .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shubhesh Pandey, Advocate For the Opposite Party : Mr. Chandra Bhushan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 328/34 of the Indian Penal Code.

Petitioner happens to be the husband of the deceased and according to prosecution case itself, the marriage of petitioner with deceased has taken place in the year 2001. The informant made allegation against the petitioner that he had administered poison to the deceased, but in course of investigation, some independent witnesses stated that deceased committed suicide by consuming poison. The post-mortem report of deceased goes to show that neither external nor internal injury was found on the person of the deceased and the Doctor could not ascertain the

Patna High Court Cr.Misc. No.27405 of 2016 (3) dt.06-09-2016 2/2 actual cause of death of the deceased. The viscera was kept reserved and the police submitted charge-sheet for the offences punishable under Section 306 of the Indian Penal Code. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Saran at Chapra in connection with Maker P.S. Case No. 52 of 2014. Kundan (Hemant Kumar Srivastava, J.) U T