Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2345 of 2018 Arising Out of PS.Case No. -97 Year- 2017 Thana -BHORE District- GOPALGANJ ======================================================

1. Raj Kumar Sah, Son of Dhodha Sah, resident of Village- Hussepur Nawaka Tola, P.S.- Bhore, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5 For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-02-2018 Heard counsel for the petitioner and counsel for the State.

Petitioner seeks anticipatory bail in Bhorey P.S. Case No.97 of 2017(GR No.1230/17) instituted for the offence under Sections 302/34 of the I.P.C.

Informant is the mother of the deceased who in her farde-beyan has stated that her daughter Sarita Devi was married to elder brother of the petitioner, Bhola Sah about nine years earlier and it was a love marriage and she was blessed with two daughters and her husband went abroad for earning and on 10.04.2017 at 7.30 P.M. she was informed that her daughter had been killed by her in-laws, Raj Kumar Sah, Dhondha Sah, Kalawati Devi, Munni Devi and all family members have been named in the F.I.R. In

Patna High Court Cr.Misc. No.2345 of 2018 (4) dt.17-02-2018 2/2 presence of her family members she was cremated on 12.04.2017 and the F.I.R. was lodged against all family members including petitioner.

It has been submitted by the counsel for the petitioner that he is innocent and has been falsely implicated in this case. He lives separately and he has no concern with affair of deceased family members. He was not present at the material time on the date of the occurrence. Death was due to asphyxia. He has no criminal antecedent and on the basis of suspicion only he has been named in the F.I.R. by the informant.

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 from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Addl.C.J.M.-XII, Gopalganj, in Bhore @ Bhorey P.S.Case No.97 of 2017(G.R.No.1230 of 2017) subject to the condition as laid down under Section 438(2) of Cr.P.C.

(S. Kumar, J) AnilKrSinha/- U