Dharmendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9182 of 2016 Arising Out of PS.Case No. -727 Year- 2015 Thana -BANKA District- BANKA ======================================================

1. Dharmendra Sah Son of Chattu Sah, resident of Village- Khaira, P.S.- Amarpur, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Rana Randhir Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Diary in this case was called for earlier which has since been received.

Learned counsel for the petitioner submits that the petitioner is merely a co-villager whose name has been unnecessarily brought into the present case. The dispute/enmity was between the family of the informant and the family of the Gotni of the daughter-in-law of the informant. It is further submitted that a remote connection has been made between the petitioner and the said Pankaj Sah who is alleged to be having illicit relations with

Patna High Court Cr.Misc. No.9182 of 2016 (3) dt.03-05-2016 P2/2 the wife of the deceased. He submits that save and except the fact that the petitioner is a villager, he has no connection with the said Pankaj Sah or the family of the informant.

Learned counsel appearing on behalf of the State after perusal of the case dairy submits that apart from the allegations made, there is no further cogent material to implicate the petitioner or support the prosecution story.

In view of the aforementioned facts and circumstances and also for the reason that the petitioner has no criminal antecedent, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 727/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T