Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52788 of 2018 Arising Out of PS. Case No.-37 Year-2018 Thana- JAMOBAZAR District- Siwan ====================================================== Munna Sah S/o Gorakh Sah resident of Village - Bishwambharpur, Lalgarh Hariharpur, P.S. Jamo Bazar, District Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 120B, 201/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioner committed murder of the informant's daughter and cremated her dead body.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The date of occurrence is 6.3.2018, whereas the case has been instituted on 8.3.2018. Delay has not been explained by the

Patna High Court Cr.Misc. No.52788 of 2018(3) dt.17-09-2018 2/2 prosecution. The name of the petitioner has transpired in the present case merely on the basis of suspicion. There is no eye witness to the alleged occurrence nor there is any other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner is Dewar of the deceased. He has got no concern with the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with Jamo Bazar P.S. case No.37 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T