Birendra Kumar Sah @ Birendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40106 of 2016 Arising Out of PS.Case No. -121 Year- 2015 Thana -TARAIYA District- SARAN ====================================================== Birendra Kumar Sah @ Birendra Sah S/o Sukhdeo Sah @ Saryug Sah, Resident of Village- Naraiyanpur, P.S.- Taraiya, Distt- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Basant Kumar Singh, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 304(B) and 201/34 of the Indian Penal Code.

The prosecution case, in brief, is that the sister of the informant was married with petitioner in the year 2011. After the marriage, the accused persons including the petitioner tortured her for non-fulfilment of demand of motorcycle. On 18.6.2015 one boy informed the informant that due to snake bite her aunt died and her dead body was disposed of.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.40106 of 2016 (3) dt.14-12-2016 2/2 tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The deceased is said to have died due to snake bite. The matter has been compromised between the parties.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Taraiya P.S. case No.121 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T