Patna High CourtCR. MISC./29621/2015bail granted

Ram Bharosi Sah v. The State Of Bihar

2015-10-27Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29621 of 2015 Arising Out of PS.Case No. -82 Year- 2014 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ram Bharosi Sah, son of Ramnath Sah, Resident of village- Jatwalia, P.S. Kundwachainpur, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kuar For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased and admittedly, the marriage of petitioner and deceased had taken place 18 years ago. Although the informant claimed that deceased was killed by the petitioner as his relation was not cordial with the deceased but in course of investigation, several witnesses including informant stated that a quarrel took place between petitioner and deceased on account of petty family feud and due to sudden provocation petitioner not only assaulted the deceased but also pressed her neck. However, the witnesses claimed that petitioner tried to save the life of the deceased by taking her to

Patna High Court Cr.Misc. No.29621 of 2015 (3) dt.27-10-2015 2/2 hospital but unfortunately deceased died in the way, Learned counsel for the petitioner submits that even if the aforesaid materials assumed to be true then also, at best, it is a case of section 304 of the Indian Penal Code for which petitioner is in jail custody since 01.11.2014.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Sikrahna at Motihari in connection with Kundwachainpur P.S.Case No. 82 of 2014.

(Hemant Kumar Srivastava, J) N.K/- U T