Patna High CourtCR. MISC./49886/2016allowed

Vishwanath Sah @ Vishwanath Sao @ Viswanath Sah v. The State Of Bihar

2017-02-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49886 of 2016 Arising Out of PS.Case No. -179 Year- 2016 Thana -BARHARA District- BHOJPUR ====================================================== VISHWANATH SAH @ VISHWANATH SAO @ VISWANATH SAH, Son of Ashok Sah, Resident of Village- Nathmalpur, P.S. Barhara, District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kalyan Shankar, Adv. For the Opposite Party/s : Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Barhara P.S. Case No. 179 of 2016 registered for the offence under Sections 498A and 307/34 of the Indian Penal Code. Petitioner is the Bhaisur of sister of informant. Accusation is of assault.

Learned counsel for the petitioner submitted that there is general and omnibus allegation against the petitioner. The victim died after 13 days of occurrence and no statement has been recorded. He further submitted that the petitioner is residing separately and he has no concern with the informant. He also submitted that the daughter of the victim stated in her statement

Patna High Court Cr.Misc. No.49886 of 2016 (5) dt.13-02-2017 that her mother burnt in course of cooking food, which is apparent from paragraph 51 of the case diary.

Learned A.P.P. appearing on behalf of the State opposes the prayer for bail by submitting that the petitioner is named accused in the FIR.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Barhara P.S. Case No. 179 of 2016, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Arvind/- U T