Patna High CourtCR. MISC./48326/2015bail granted

Subodh Baitha v. State Of Bihar And ANR

2015-11-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48326 of 2015 Arising Out of PS.Case No. -1548 Year- 2011 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Subodh Baitha S/o Parshuram Baitha resident of village - Ibrahimpur, P.S. - Runnisaidpur, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bhikhari Baitha S/o late Asharfi Baitha R/o village - Turki Kharhaura, P.S. - Minapur, Distt. - Muzaffarpur. At present resident of Vill. - Ibrahimpur, P.S. - Runnisaidpur, District - Sitamarhi. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and the State. In this case, petitioner is seeking bail income. Case No.C-1/1548/2011 registered u/s 302/34, 120B IPC. The death of Kusum Devi, as per the allegation, had occurred in her parents' house. That generated two cases, one being Runisaidpur P.S.Case No.164 of 2010 against unknown and another Runisaidpur P.S.Case No.9 of 2011 registered on the basis of complaint petition filed by husband of the victim. Police investigated both the cases, submitted final form, did not find any material against the petitioner. On protest petition, learned Magist rate has taken cognizance of the offencdes.

Patna High Court Cr.Misc. No.48326 of 2015 (2) dt.04-11-2015 2/2 Counsel for the petitioner submitted that Police investigated the matter, did not find any material against the petitioner and petitioner has been made accused on account of some misunderstanding and suspicion being resident of the same village. It is submitted that similarly situated co-accused Guddu Baitha @ Gautam Rajak has been granted bail in Cr.Misc.No. 33718 of 2015.

Looking to the facts and circumstances of the case, petitioner Subodh Baitha is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of SDJM, Sadar, Sitamarhi in connection with Complaint Case No. C1/1548/2011, arising out of Runisaidpur P.S.Case No. 09 of 2011. (Shivaji Pandey, J) Jay/- U