Birendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16753 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Birendra Sah S/o Jamadar Sah, Resident of At - Budhnar, P.S. - Chiraiya, District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302 and 34 of the Indian Penal Code. Allegation against the petitioner is that he along with other accused persons assaulted wife of the informant. Thereafter, treatment was going on but she died.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 28.12.2015. Chargesheet has been submitted in the case. As per F.I.R., no specific injury has been attributed against the petitioner. The date of occurrence is 25.7.2015 but the F.I.R. was instituted on 2.9.2015. The deceased is said to have died after a period of more than thirty-seven days. The post mortem report shows the cause of death as Septicemia.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like

Patna High Court Cr.Misc. No.16753 of 2016 (3) dt.24-05-2016 2/2 amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Sikrahna at Dhaka ( East Champaran), in connection with Chiraiya P.S. Case no. 186 of 2015.

(Sudhir Singh, J) sudip/- U T