Arun Sao v. The State Of Bihar

Patna High Court Cr.Misc. No.29764 of 2016 (3) dt.03-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29764 of 2016 Arising Out of PS.Case No. -55 Year- 2015 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Arun Sao, Son of late Yadu Sao @ Bhadu Sao, resident of Village Kasai, P.S.Paras Bigha, District Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma For the Opposite Party/s Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 03.10.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 304B, 201 and 120B of the Indian Penal Code.

Petitioner is Bhaisur of the deceased and is languishing in jail custody since 7.1.2016. No specific overt-act has been attributed against the petitioner and in course of investigation, husband of the deceased was arrested and confessed his guilt disclosing the manner in which deceased was killed. Husband of the deceased stated that this petitioner also participated in the crime. However, it is evident from perusal of para 47 of the case diary that dead body of the deceased was recovered on a road kept in a plastic bag. Dead body was found burnt but post mortem report goes to show that burn injuries were post mortem in nature.

Submission on behalf of the petitioner is that petitioner does

Patna High Court Cr.Misc. No.29764 of 2016 (3) dt.03-10-2016 not have any concern with the affair of the husband of the deceased and moreover, investigation against the petitioner has already been completed.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jehanabad in Paras Bigha P.S. Case no. 55/2015. shahid (Hemant Kumar Srivastava,J) U T