Patna High CourtCR. MISC./45066/2019bail granted

Sintu Bharti v. The State Of Bihar

2019-09-13Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45066 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- KOTHIGRAM District- Gaya ====================================================== SINTU BHARTI Son of Naresh Bharti Resident of Village- Sobari, P.S.- Kothi, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-09-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Kothi P.S. Case No. 05 of 2019 dated 24.02.2019 instituted for the offence under Section 302 of the Indian Penal Code.

The deceased is the father of the informant. In the night of the occurrence, the informant heard that the door of the room of his father (deceased) was opened. He rushed to the room of his father only to find his father dead. He also saw the petitioner running away from his house with a wooden implement.

The cause of occurrence as stated in the FIR is that the petitioner and his family members suspected that the father of the informant (deceased) played black

Patna High Court CR. MISC. No.45066 of 2019(3) dt.13-09-2019 2/2 magic on the family of the petitioner which had led to the death of the niece of the petitioner. It appears that because of such apprehension in the mind of the informant, the petitioner has been made accused in this case. There is no witness to the occurrence of assault. The possibility of falsely implicating the petitioner in such an event with such level of education of the parties cannot be ruled out.

The petitioner is in custody since 26.02.2019. Considering the aforestated facts the petitioner above named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Kothi P.S. Case No. 05 of 2019.

(Ashutosh Kumar, J) krishna/- U T