Bipin Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51800 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================
1. Bipin Sah S/o Late Dudh Nath Sah, R/o Vill.- Kabirpur, P.S.- Mohammadpur, District- Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kundan Kumar Sinha For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Mohammadpur P.S.Case No. 52 of 2018, registered for offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
Allegation as per F.I.R. against the petitioner is that a dead body of young man has been recovered from the ditch and F.I.R. has been lodged against unknown persons but later on the brother of the deceased has disclosed that the deceased has illicit relationship with Sister-in-law ( Sali) and that who not like by Munnah Sah, who got him killed.
Submission of the learned counsel for the petitioner is
Patna High Court Cr.Misc. No.51800 of 2018 (3) dt.04-10-2018 2/3 that the petitioner is not named in the F.I.R. and the statement recorded by the brother of the deceased that deceased was in illicit relationship with his sister-in-law and presumed that the father-inlaw of the deceased might have killed the deceased and the petitioner is only co-villager of the father-in-law of the deceased. It is also submitted that except suspicion and confessional statement, nothing has been found against the petitioner and the petitioner is in custody since 17.06.2018 and charge sheet has already been submitted against the petitioner. Heard learned A.P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- I, Gopalganj in connection with Mohammadpur P.S.Case No. 52 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or
Patna High Court Cr.Misc. No.51800 of 2018 (3) dt.04-10-2018 3/3 tamper with the evidence.
(Vinod Kumar Sinha, J) Sudha/- U T