Satya Nand Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9946 of 2017 Arising Out of PS.Case No. -66 Year- 2016 Thana -ISHIPUR District- BHAGALPUR ======================================================
1. Satya Nand Pandey, son of Yogendra Pandey, resident of VillageSrinagar, P.S.- Ishipur, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Kamal Deo Sharma For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-03-2017 Heard both sides.
The petitioner seeks bail in Ishipur (Barahat) P.S. case No. 66 of 2016 under Section 302/34 of the Indian Penal Code.
The father of the deceased alleged that his son had gone to his Sasural to bring his wife on 15.06.2016 but his motherin-law, father-in-law and others went to the house of petitioner, Satya Nand Pandey, on 29.06.2016 to see him. The informant alleged that Tuntun Mishra, father-in-law of his son, informed him on telephone that his son fell down in a well and died. The informant went there, on such information, and found dead body of his son but suspected that petitioner and others killed his son. The learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.9946 of 2017 (3) dt.27-03-2017 2/2 petitioner is brother-in-law (Sarhu) of the deceased. It is submitted that deceased was a drunkard and he fell down in a well and died. There is no external injury on the body of deceased. The viscera was kept reserved.
The learned Additional Public Prosecution, however, opposed the prayer for bail.
Considering the facts that there is no eye witness of the occurrence, petitioner happens to be brother-in-law (Sarhu) of the deceased and the post mortem report shows that there was no external or internal injury on the body of deceased, the above named petitioner is directed to be enlarged 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 Chief Judicial Magistrate, Bhagalpur in Ishipur (Barahat) P.S. Case No. 66 of 2016.
(Prabhat Kumar Jha, J) BKS/- U T