Binay Sah @ Bijay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63431 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -BHAGWANPUR District- BEGUSARAI ======================================================
1. Binay Sah @ Bijay Sah, son of Brahamdev Sah, resident of VillageBelsandi Tara, Tole Fulwariya, Fulwariya Ghat, P.S.- Bibhutipur, DistrictSamastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Bhagwanpur PS case no. 97 of 2017 registered for the offence punishable under Section 302/34 of Indian Penal Code.
The case of the prosecution is that when the petitioner herein and the husband of the deceased were drinking together, the deceased had objected to the same whereupon, the accused persons had assaulted the deceased and the deceased is said to have committed suicide subsequently.
The learned counsel for the petitioner submits that the charge-sheet has been filed under Section 306 of Indian
Patna High Court Cr.Misc. No.63431 of 2017 (5) dt.13-02-2018 2/2 Penal Code and cognizance has also been taken under Section 306 of Indian Penal Code & the husband of the deceased has already been granted regular bail.
Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.
Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur PS case no. 97 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T