Patna High CourtCR. MISC./74296/2018bail granted

Dharmendra Vishwakarma v. The State Of Bihar

2019-01-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74296 of 2018 Arising Out of PS. Case No.-71 Year-2017 Thana- NAWADA District- Nawada ====================================================== Dharmendra Vishwakarma Son of Bhagwan Vishwakarma Resident of Village-Sona Bigha,P.S. Kadirganj,Distt.-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate.

For the informant : Mr. Anjani Kumar Jha, Advocate. For the Opposite Party/s :

Md. Anzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-01-2019 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Nawada P.S. Case No. 71 of 2017, instituted for the offence under Sections 302/34 of the Indian Penal Code.

In the written report it is alleged that on the date of occurrence when informant was returning to her house along with her daughter after performing Puja, she saw this petitioner coming out from her house. The informant saw that her mother-in-law was dead due to burn injury and wife of the petitioner was running away from the house with a box of Kerosene oil.

Counsel for the informant has submitted that in the

Patna High Court Cr.Misc. No.74296 of 2018(3) dt.11-01-2019 2/2 post mortem report the Doctor has found 20% burn injury on the person of the deceased. He has opined the cause of death due to Asphyxia on account of strangulation.

Counsel for the petitioner submits that there is land dispute between the parties.

From the written report it appears that informant has merely raised suspicion alleging that he saw the petitioner running away from her house.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada P.S. Case No. 71 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T