Sant Kumar Sah @ Sant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44364 of 2015 Arising Out of PS.Case No. -614 Year- 2014 Thana -KHAGARIA District- KHAGARIA ====================================================== Sant Kumar Sah @ Sant Kumar, Son of Om Prakash Sah Resident of Village Ramganj, Police Station Muffasil, District Khagaria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Viveka Nandsingh, Advocate.

For the Opposite Party : Smt. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. Petitioner is husband of the deceased and is languishing in jail custody since 08.10.2014 in a case registered under Sections 302/34 of the Indian Penal Code.

Admittedly, neither the informant nor any other witness has seen actual killing of the deceased and after investigation police submitted charge sheet under Sections 302/34 of the Indian Penal Code on the basis of circumstantial evidence. The contention on behalf of the petitioner is that the deceased committed suicide due to petty family feud. The aforesaid contention appears to be substantiated by the postmortem report in which doctor has opined that cause of death was

Patna High Court Cr.Misc. No.44364 of 2015 (3) dt.11-01-2016 2/2 asphyxia due to hanging.

Considering the facts aforesaid as well as period of detention of the petitioner in jail custody, let 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 learned Sessions Judge, Khagaria in Sessions Trial No. 46 of 2015, arising out of Khagaria (Muffasil) P.S. Case No. 614 of 2014.

(Hemant Kumar Srivastava, J.) KKSINHA/- U T