Bittu @ Sachin Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54480 of 2016 Arising Out of PS.Case No. -225 Year- 2013 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================
1. Bittu @ Sachin Thakur S/o Shri Arun Thakur Resident of Village - Nawa Nagar Nizamat, P.S. - Sahebganj, District - Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2017 Heard both sides.
The petitioner seeks bail in Muzaffarpur Sadar P.S. case No. 225 of 2013 under Section 302, 120B of the Indian Penal Code.
The informant alleged that his wife informed him that his son was stabbed in his house. The informant disclosed the name of Himanshu Kumar and eight others in the FIR. The learned counsel for the petitioner submits that petitioner is not named in the FIR. Name of the petitioner figured in the case in the statement of wife of informant in paragraph 258 of the case diary, that too after two years of the occurrence, that the petitioner also took part in the killing of her son.
Patna High Court Cr.Misc. No.54480 of 2016 (2) dt.12-01-2017 2/2 Considering the fact that petitioner is not named in the FIR and his name figured in the case at a very belated stage, i.e., after two years of the occurrence, that too from the mouth of wife of informant, who earlier made statement but did not disclose the name of petitioner, the above named petitioner is directed to be enlarged 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 learned Chief Judicial Magistrate, Muzaffarpur in Muzaffarpur Sadar P.S. Case No. 225 of 2013. (Prabhat Kumar Jha, J) BKS/- U T