Bipin Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46491 of 2014 Arising Out of PS.Case No. -216 Year- 2014 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Bipin Sah, S/o Uma Shankar Sah, Resident of Village - Mustafaganj, P.S. - Minapur, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Ranjan, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is in custody since 25.5.2014 in connection with Minapur(Muzaffarpur) P.S. Case No.216 of 2014 registered for the offences under Sections 302/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the wife of the deceased Raushan Devi had been intemperate in nature and as a result thereof, on the date of the occurrence she had on account of a minor quarrel indulged in committing suicide. Learned counsel for the petitioner submits that though there is no eyewitness to the occurrence, the petitioner has been implicated in the present case on account of dirty village politics and all witnesses

Patna High Court Cr.Misc. No.46491 of 2014 (4) dt.16-02-2015 2/2 have only confirmed that the quarrel had taken place and as such, no presumption can be drawn that the petitioner had, in fact, killed his wife. It is further submitted on behalf of the petitioner that the post-mortem examination report clearly reveals that the victim died out of hanging.

Considering the aforementioned submissions and except the presumption, which has been drawn against the petitioner, there is no other cogent material against him, let the above named petitioner be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Minapur (Muzaffarpur) P.S. Case No.216 of 2014.

(Anjana Mishra, J) PNM U T