Hare Ram Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.31033 of 2017 (6) dt.11-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31033 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Hare Ram Sah, Son of Sakaldeo Sah, Resident of Village- Kodiya Takath, Police Station- Bhagwanpur Hat, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Sri Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bhagwanpur Hat Police Station Case No. 47 of 2016, disclosing offences under Sections 304(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there is general and omnibus allegation against the petitioner and no specific over act is attributed to him. The petitioner happens to be husband has never demanded any dowry nor tortured the deceased. As a matter of fact, the deceased committed suicide and died during

Patna High Court Cr.Misc. No.31033 of 2017 (6) dt.11-09-2017 course of treatment and inquest report which was prepared in U.D. Case No. 01 of 2016 disclosed that the dead body was disposed of without informing the parental family members of the deceased, which is evident from paragraph-2 of the Case diary. No any cogent material has come during course of investigation against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Additional Chief Judicial MagistrateX, Siwan, in connection with Bhagwanpur Hat Police Station Case No. 47 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T