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Patna High CourtCR. MISC./38624/2022bail granted

Saudagar Kamti v. The State Of Bihar

2022-12-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38624 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- ROSERA District- Samastipur ====================================================== Saudagar Kamti, aged about 60 years, Gender-Male, Son of Late Pathlu Kamti, R/O Village- Nande Nagar Balha, P.S.- Rosera, District- Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Rosera P.S. Case No. 05 of 2022 registered for the offence under Sections 302/34 of the I.P.C.

The prosecution case, in brief, is that on 08.01.2022 this petitioner provoked co-accused Bachchi Devi to kill Geeta Devi, upon which Bachchi Devi gave several blows upon the head of Geeta Devi, as a result of which, she died. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.04.2022. The petitioner has

Patna High Court CR. MISC. No.38624 of 2022(2) dt.16-12-2022 2/2 got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner alleged to be the order giver. Except for this, there is no allegation of assault alleged against the petitioner upon the deceased. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Rosera, Samastipur, in connection with Rosera P.S. Case No. 05 of 2022.

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