Shrawan Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.55381 of 2015 (3) dt.18-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55381 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -NTPC KHAIRA District- AURANGABAD ====================================================== Shrawan Ram, son of Late Jatahu Ram, resident of Village- Basantpur, Police Station- NTPC Khaira, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate. For the Opposite Party/s : Mr. Vinod Shankar Modi (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with N.T.P.C. Khaira P.S. Case No. 16 of 2015 registered under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case is that cousin grand son of informant, Sonu Kumar, was living in the village and used to give treatment to the villagers. On 16.06.2015, operation of uterus of Punam Devi, wife of the petitioner, was done with the help of other Doctor by Sonu Kumar. Later on, complain was made about the pain then Sonu Kumar went at the house of the petitioner in the night and on next day, the dead body of Sonu Kumar was found in the field of Promod Singh.

Patna High Court Cr.Misc. No.55381 of 2015 (3) dt.18-02-2016 Learned counsel for the petitioner submits that it would appear from the F.I.R. and the case diary that there is no eye witness of the occurrence. It is further submitted that petitioner has falsely been implicated in this case as earlier uterus of wife of the petitioner was operated by deceased, Sonu Kumar, with the help of other Doctor and deceased had gone again there on complain of pain in stomach. It is further submitted that petitioner has no criminal antecedent and is in custody since 21.06.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 the Chief Judicial Magistrate, Aurangabad, in connection with N.T.P.C. Khaira P.S. Case No. 16 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T