Patna High CourtCR. MISC./55/2017bail granted

Dhanvir Singh v. The State Of Bihar

2017-03-03Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.55 of 2017 (3) dt.03-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -SAHARGHAT District- MADHUBANI ====================================================== Dhanvir Singh, Son of Late Mushafir Singh, resident of village - Bhimnagar, Police Station - Birpur, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. Mr. Arun, Adv.

For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2017 Heard both sides.

The petitioner seeks bail in Saharghat P.S. Case No. 80/2016, registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant father of the deceased named Sumitra Devi and other unknown person and alleged that his son had illicit relation with Sumitra Devi and that is why Sumitra Devi and her men must have killed his son.

Learned counsel for the petitioner submits that there is no eye-witness of the occurrence. Save and except the confessional statement of Sumitra Devi that too before the police,

Patna High Court Cr.Misc. No.55 of 2017 (3) dt.03-03-2017 there is no material against the petitioner. Sumitra Devi who had illicit relation with Jawahar (deceased) disclosed that her step-son Gopal Kumar Singh and brother Dhanvir Singh (petitioner) threatened the deceased and at their instance the occurrence took place. Save and except confession of the Sumitra Devi there appears no material in the case diary.

Considering the facts aforesaid, the petitioner abovenamed, 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 Sub-divisional Judicial Magistrate, Benipatti (Madhubani) in connection with Saharghat P.S. Case No. 80/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T