Kanhaiya Sah @ Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28330 of 2020 Arising Out of PS. Case No.-386 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== Kanhaiya Sah @ Munna Sah, S/o Ramdyal Sah, Resident of Village-Abdulla Nagar, Kalighat, P.S.-Sadar, District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nadimul Hasan, Advocate For the Opposite Party/s :

Mr. Satyendra Pd., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-12-2020 Heard learned counsel for the parties through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Section 341, 307, 504 and 302/34 of the Indian Penal Code.

As per the prosecution case, this petitioner stabbed with knife his six month old son who died during treatment. It is submitted on behalf of the petitioner that petitioner is the husband of the informant and father of the

Patna High Court CR. MISC. No.28330 of 2020(3) dt.14-12-2020 2/3 deceased. It is further submitted that some quarrel took place between petitioner and informant and in course of this quarrel, the deceased fell on iron grill, as a result of which, he sustained injury and died. It is further submitted that during course of investigation none of the neighbour supported the prosecution case. Petitioner is in custody since 28.08.2019 and charge-sheet has already been submitted. Petitioner has clean antecedent as stated in paragraph no.3 of the petition.

However, learned A.P.P. for State has vehemently opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Purnea, District- Purnea in Sadar Police Station Case No. 386 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.28330 of 2020(3) dt.14-12-2020 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Ankit/- U T