Patna High CourtCR. MISC./39805/2015bail granted

Netilal Sah v. The State Of Bihar

2015-10-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39805 of 2015 Arising Out of PS.Case No. -13 Year- 2013 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Netilal Sah son of late Paro Sah, resident of village Panchvir P.S. Sahebpur Kamal District Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. M.K.Khare(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is languishing in custody since 15.4.2015 in connection with Sahebpur Kamal P.S. Case No. 13 of 2013 for the offences under Section 302 of the Indian Penal Code.

The prosecution case, in brief, is that on 21.1.2013 the grand son of the informant, namely, Dhrub Kumar aged about 2 1⁄2 years was not found in the house. On search in the evening and even in the night his grand son could not be traced out. In the morning at 6.00 A.M. on 22.1.2013 the informant saw his grand son Dhrub Kumar lying dead in the adjacent field of mustard crop north to his house and it is alleged that the petitioner was found

Patna High Court Cr.Misc. No.39805 of 2015 (3) dt.14-10-2015 2/2 fleeing towards east from that field.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 15.4.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence. It is a case of last seen. The petitioner and the informant are of the same village. The petitioner is 80 years old person.

On behalf of the State it is stated that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 13 of 2013.

(Sudhir Singh, J) S.Pandey/- U T