Patna High CourtCR. MISC./41692/2018bail granted

Suresh Sah v. The State Of Bihar

2018-09-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41692 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Suresh Sah, Son of Raghunath Sah, Resident of Village- Kheman Tola, P.S.- Mirganj, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Mirganj P.S. Case No. 25/2018, instituted for the offences under Sections 363 and 365 of the Indian Penal Code. Later on Sections 302 and 201/34 of the Indian Penal Code are also added.

In the written report, it is alleged that nephew of the informant had gone with this petitioner. The petitioner returned to the house but nephew of the informant did not return. Later on his dead body was found.

Learned counsel for the petitioner has submitted that except confessional statement of petitioner, there is no specific allegation against him in the written report. In para 28, 29, 30 and

Patna High Court Cr.Misc. No.41692 of 2018 (3) dt.24-09-2018 2/2 31 of case diary statement of wife, daughter and other family members of the deceased has been recorded wherein mere suspicion has been raised against this petitioner. The doctor has opined the cause of death due to asphyxia as a result of throttling and smothering.

The petitioner is in custody since 08.02.2018. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Additional Chief Judicial Magistrate XVIth, Gopalganj in connection with Mirganj P.S. Case No. 25/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J.) Rakhi U T