Damodar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.580 of 2021 Arising Out of PS. Case No.-429 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== DAMODAR SINGH S/o Sri Bhagat Singh R/o Village- Fulwari, P.S.- Bettiah Muffasil, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma, Adv.
For the Opposite Party/s :
Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2021 Heard learned counsel for the petitioner, informant and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code. Allegation against the petitioner is that he throttled neck of the informant's mother with intention to kill. It is alleged that while the informant was taking his mother to hospital with the help of villagers for treatment, she took her last breath on way to hospital.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that autopsy was conducted on her body and surgeon has not found any ligature mark or external injuries on the part of her body. He submits that charge-sheet has been
Patna High Court CR. MISC. No.580 of 2021(3) dt.23-03-2021 2/2 submitted for the offence under Section 304 IPC, whereas this is not a case of murder. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 17.03.2020. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bettiah Muffasil P.S. Case No. 429 of 2019.
(Anjani Kumar Sharan, J) devendra/- U T