Patna High CourtCR. MISC./36870/2017allowed

Dharambir Kumar v. The State Of Bihar

2017-09-07Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.36870 of 2017 (3) dt.07-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36870 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -SIGORI District- PATNA ====================================================== Dharambir Kumar Son of Awadhesh Paswan @ Anil Kumar Resident of Village- Chandhos, P.s.- Sigori, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s : Mr. Sri Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Sigori Police Station Case No. 14 of 2017, disclosing offences under Sections 328 and 302/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the deceased committed suicide and there is no eye witness to the alleged occurrence. Moreover, no injury on the person of the deceased was found by the doctor, which is evident from the Post Mortem Report. Further a compromise between the parties has also been effected in which the informant herself admitted that on suspicion she

Patna High Court Cr.Misc. No.36870 of 2017 (3) dt.07-09-2017 named the petitioner in this case. Therefore, no case under Section 302 of the Indian Penal Code is made out against the petitioner. The petitioner is rotting in judicial custody for more than four months.

Considering the facts and circumstances of the case, 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 learned Judicial Magistrate-1st Class Danapur, in connection with Sigori Police Station Case No. 14 of 2017.

(Arvind Srivastava, J) Brajesh/- U T