Shivjee Sahu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51553 of 2015 Arising Out of PS.Case No. -675 Year- 2013 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Shivjee Sahu, son of late Raghubir Sahu, resident of village-Brahampur, P.S.-Manigachhi, District- Darbhanga.

.... .... Petitioner

Versus

The State of Bihar & Anr.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Mohammad Sufyan, Advocate For the State : Mr. Ashok Kr.Singh No.1(App) For the Complainant : Mr. Girish Chandra Jha, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 12-02-2016 Heard learned counsel for the petitioner, the State and the complainant.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 306 of the Indian Penal Code.

It is contended that the deceased is the nephew of the petitioner, who has admittedly committed suicide and, thereafter, the fardbeyan of mother of the deceased, namely, Manju Devi was recorded, upon which, U.D. Case No.1/2013 was registered. In the aforesaid fardbeyan, which has been appended as Annexure-2, the mother of the deceased has not made any allegation against the petitioner. It is stated there that the deceased was having a shop of Airtel Company and for running that shop and also for

Patna High Court Cr.Misc. No.51553 of 2015 (3) dt.12-02-2016 2/2 construction of the house, he was under heavy loan and was, therefore, always remained in tension and depression and, due to that, he has committed suicide. However, after about one month, the brother of the deceased has filed the present complaint case making allegation against the petitioner that he used to mentally torture him.

Having regard to the facts and circumstances of the case, let the petitioner, namely, Shivjee Sahu be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with C.R. Case No.675/2013, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U T