Nagmani @ Nagmani Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39795 of 2019 Arising Out of PS. Case No.-203 Year-2014 Thana- DIGHWARA District- Saran ====================================================== NAGMANI @ NAGMANI SAH, Son of Ranglal Sah, Resident of Village - Chakdahawan Ismaila, P.S.- Dighwara, Distt - Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Binod Singh For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
Counsel for the petitioner is permitted to make necessary correction in para 1 as well as in prayer portion with regard to name of the Court where case is pending. Petitioner seeks bail in Dighwara P.S. Case No.203 of 2014 instituted for the offence under Section(s) 302 and other allied sections of Indian Penal Code.
Counsel for the petitioner submits that there is general and omnibus allegation against the petitioner. In the written report, it is alleged that this petitioner along with other accused assaulted husband of the informant in chest and other parts of the body, who subsequently died. Counsel for the petitioner submits that informant has given her statement on 09.12.2014 that her husband was taken
Patna High Court CR. MISC. No.39795 of 2019(3) dt.02-08-2019 2/2 for treatment with the help of accused persons and he was taken to a Nursing Home at Hajipur. From where he was referred to PMCH where he died.
Counsel for the petitioner has further submitted in para 11 of the bail application that during trial Malti Devi, Janki Kunwar and Lakhopati Devi have been examined and they have not alleged any overt act against the petitioner. Counsel for the petitioner has produced certified copy of deposition of aforesaid three witnesses. Let the same be kept on record.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 the ADJ-II, Saran at Chapra, in connection with Dighwara P.S. Case No.203 of 2014, subject to the condition that both the bailors shall be close relative of the petitioner.
(Sanjay Priya, J) J. Alam/- U T