Suman Kumar Sah @ Sujit Kumar Sah @ Sujeet Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61886 of 2018 Arising Out of PS. Case No.-87 Year-2018 Thana- GORIAKOTHI District- Siwan ====================================================== Suman Kumar Sah @ Sujit Kumar Sah @ Sujeet Kumar Sah, Son of Anjani Sah, R/O Village-Jalpurwa, P.S.-Goreakhothi, District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302, 201, 379 and 120B/34 of the IPC.

The prosecution case, as per the written report of Shazia Parveen submitted to the Station House Officer, Goreakothi Police Station, is to the effect that on 12.05.2018 at about 07.00 P.M., the brother-in-law, Nasir Ansari (the victim) of the informant came home from market and immediately left the house without informing any family member. At about 9.30 P.M., the informant received a phone call, the caller disclosed her name as Shilpi and conveyed that the victim came to meet

Patna High Court Cr.Misc. No.61886 of 2018(3) dt.11-12-2018 2/3 her but at present the mobile of the victim is switched off and asked the informant as to whether the victim has reached home or not. At about 10.30 P.M. again the informant received a phone call from Shilpi, who asked the informant that whether the victim has reached the house or not. Thereafter, at about 11.00 P.M. the informant called on the mobile number of Shilpi to know about the victim, but after ringing once, the said mobile became switched off. In the morning of 13.05.2018 at about 05.00 A.M., the informant came to know that the victim has been killed and the dead body was lying in the garden, leading to the registration of Goreakothi P.S. Case No. 87 of 2018. It is submitted by the learned counsel for the petitioner that name of the petitioner sprang up merely on the basis of suspicion. It is further submitted that the petitioner is having no criminal antecedent.

It is submitted by the learned APP for the State that after going through the case diary and investigation, it appears that only on the basis of suspicion, the petitioner has been roped in the present case.

Considering the fact that the accusation has been levelled only on the basis of suspicion coupled with the statement made in paragraph no.3 of the petition that the

Patna High Court Cr.Misc. No.61886 of 2018(3) dt.11-12-2018 3/3 petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Goreakothi Police Station Case No. 87 of 2018 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T