Batahu Sah @ Amiri Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15552 of 2016 Arising Out of PS.Case No. -349 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Batahu Sah @ Amiri Sah Son of Late Fataru Sah, Resident of Village - Thahar, P.S. - Runni Saidpur, District - Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vaidehi Raman Prasad Singh, Advocate For the Opposite Party : Mr. U.S.P.Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Runni Saidpur P.S. Case No.349 of 2015 for the offences instituted under Sections 302/34 of the Indian Penal Code.

The prosecution case, in brief, is that on 19.6.2015 at about 9 P.M. husband of the informant, namely, Shobhit Sah went to sleep on the roof of Parmeshwar Sah. On the next morning at 5.30 A.M., the said Parmeshwar Sah told the informant that somebody had killed her husband on the roof with sharp cutting instrument by cutting his neck.

It is submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.15552 of 2016 (2) dt.03-05-2016 2/2 petitioner has got no criminal antecedent. Petitioner has been made accused in the present case merely on the basis of suspicion. There is no eye witness to the alleged occurrence. There is no circumstantial evidence to implicate the petitioner in the present case.

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

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Runni Saidpur P.S. Case No.349 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) N.H./- U T