Barfi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 25092 of 2016 Arising out of P.S. Case No. -25 Year- 2016 Thana -SONO District- JAMUI =================================================== Barfi Devi, W/o Mathura Thakur, Resident of VillageMakarken, P.S. Sono (Charkapathar), District Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s: Mr. Satya Prakash Parasar, Adv. For the Opposite Party/s: Mr. Madhuranand Jha (APP) =================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04.

10.08.2016 Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is languishing in custody since 20.02.2016 in connection with Sono (Charkapathar) P.S. Case No. 25 of 2016 pending in the Court of Additional Chief Judicial Magistrate, Jamui for the offences instituted under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case, as per fard-beyan of the Informant who is Chowkidar, Gunia Devi, in brief is that when she got information that one dead body is floating in the pond situated besides the house of Navi Mian she arrived there and found that the dead body was of a male but the same could not be identified by the people assembled there supposing that the murder has been

Patna High Court Cr.Misc. No.25092 of 2016 (4) dt.10-08-2016 committed by some unknown miscreants. Accordingly, the First Information Report was instituted against unknown.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.02.2016. Charge-sheet has been submitted in the case. The petitioner has no criminal antecedents. The petitioner is not named in the FIR. Except the confession of the petitioner, there is no other substantive evidence in the present case. There is no eye-witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Jamui in connection with Sono (Charkapathar) P.S. Case No. 25 of 2016.

Vikash/- (Sudhir Singh, J.) U T