Binod Das v. The State Of Bihar

Patna High Court Cr.Misc. No.27971 of 2016 (2) dt.15-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27971 of 2016 Arising Out of PS.Case No. -49 Year- 2015 Thana -SAHIYARA District- SITAMARHI ====================================================== Binod Das, son of Sri Manjhi Das, Resident of Village - Matiyar Khurd, P.S. Sahiyara, District - Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sessions Trial No. 148 of 2016 arising out of Sahiyara P.S. Case No. 49 of 2015 registered under Section 302/34 of the Indian Penal Code. The accusation is that informant after taking meal with his wife went to cattle house for sleeping. His son Promod Das, daughter-in-law Rajbati Devi and daughter Aarti Kumari was sleeping in a room. In the next morning, his daughter came and informed about the murder of his wife, on which, he came to the house and found that his wife has been killed by chopping her neck. In the evening, his son, Promod Das threatened to kill him, his wife and daughter. The informant raised suspicion against his

Patna High Court Cr.Misc. No.27971 of 2016 (2) dt.15-07-2016 son, Promod Das and one Bikesh Das of having hand in the murder of his wife.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. but in course of investigation the name of the petitioner has come in the confessional statement of co-accused, Bikash Das, except that there is nothing against him. It is further submitted that charge sheet has already been submitted against the petitioner. The petitioner is in custody since 17.10.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-III, Sitamarhi, in connection with Sessions Trial No. 148 of 2016 arising out of Sahiyara P.S. Case No. 49 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T