Patna High CourtCR. MISC./47688/2019bail granted

Sudhir Sah v. The State Of Bihar

2019-08-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47688 of 2019 Arising Out of PS. Case No.-459 Year-2018 Thana- JHAJHA District- Jamui ====================================================== SUDHIR SAH, Son of Saligram Sah, Resident of Village - Dhamana, P.S.- Jhajha, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Mahto For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 07-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Jhajha P.S. Case No.459 of 2018 instituted for the offence under Section(s) 341, 323, 324, 304/34 Indian Penal Code and Section 3⁄4 of Prevention of Witch Practices Act.

It is alleged in the written report that father of the informant was assaulted by Rajesh Sah with fists near his ear, face etc. He fell down and became unconscious. He was taken to hospital where he died.

Counsel for the petitioner submits that there is no allegation of any overt act against the petitioner. Counsel for the petitioner has enclosed postmortem report as Annexure-2 from which it appears that doctor has not

Patna High Court CR. MISC. No.47688 of 2019(2) dt.07-08-2019 2/2 found any external or internal injury and cause of death could not be ascertained.

Petitioner is in custody since 24.04.2019 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 the SDJM, Jamui, in connection with Jhajha P.S. Case No.459 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T