Vinod Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.31180 of 2017 (3) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31180 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Vinod Sah Son of Late Bishwanath Sah Resident of Village - Chhitrauli, P.S. Maniyari, District - Muzaffarpur..... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Kudhani P.S. Case No. 53 of 2017 registered for the offences punishable under Sections 53 of 2017 registered for the offences punishable under Sections 302, 201, 120B of the Indian Penal Code. Allegedly, the son of the informant went to his Sasural to bring his wife but his dead body was found in Kerma Raghuram and it is suspected that the son of the informant has been murdered by the petitioner and others.

Submission is of false implication and that in this case Kavita Kumari the wife of the deceased and Arti Devi the mother-in-law of the deceased have already been allowed pre-arrest bail vide Cr. Misc. No. 29718 of 2017 by another co-ordinate Bench of this Court and the petitioner being father-in-law having no specific allegation also deserves sympathetic consideration. Besides suspicion there is nothing

Patna High Court Cr.Misc. No.31180 of 2017 (3) dt.19-08-2017 against the petitioner. During investigation witnesses Bharat Kumar, Suresh Manjhi, Ramnath Chaudahry, Baijnath Bhagat and Shankar Tiwary vide paragraphs 40, 41, 46, 47 and 48 of the case diary have stated that the deceased was of week mind and out of the wedlock there are two children and the deceased went away from his in-laws house without saying to anyone, thereafter, his dead body was recovered. During post mortem examination no external or internal injury has been found on the person of the deceased.

Learned APP fairly submits that the wife and mother-in-law of the deceased have already been allowed pre-arrest bail. In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Manish Pandey, J. M. Ist Class, Muzaffarpur in connection with Kudhani P.S. Case No. 53 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T