Fekan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18210 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -FALKAHA District- KATIHAR ====================================================== Fekan Sah, Son of Anandi Sah, Resident of Village- Chapanna, P.S.- Falka, Distt- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun Kumar Mandal, Adv.

For the Opposite Party/s : Mr. A.M. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Falka P.S. Case no. 15 of 2017, registered under Sections 302 and 201/34 of the Indian Penal Code.

The allegation of informant Sudha Shankar Gupta is that in the night of 29.01.2016, his niece, namely, Rajeshwari Gupta gave information to him about non returning of her father. On the next day in the morning, his niece further informed about throwing of her father along with his motorcycle near N.H. 77 at Kabhu tola. Thereafter, he went there and came to know that his brother Durga Shankar Gupta has been killed and his dead body was thrown along with motorcycle on the road. In course of search, he came to know that murder of his brother was committed in the maize field of Basudeo Sah and Fekan Sah (Petitioner), where blood stained and sign of pulling of dead body

Patna High Court Cr.Misc. No.18210 of 2017 (4) dt.21-07-2017 2/2 was found.

Learned counsel for the petitioner submits that, in fact, due to land dispute between deceased, Basudeo Sah and petitioner this false case has been lodged. Further submission is that it is alleged in the F.I.R. that blood stained and sign of pulling the dead body was found in the field of petitioner and Basudeo Sah, but in para-06 of the case diary, it has been stated that the said land belongs to one Raj Kumar Hansda. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Falka P.S. Case No. 15 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T