Hardev Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61812 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- BHIMPUR District- Supaul ====================================================== Hardev Sah S/o Ramji Sah R/o village- Thuthi, P.S.- Bhimpur, DistrictSupaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being co-villager of the husband of the victim, is languishing in custody since 30.06.2019 in a case registered for the offences punishable under Sections 306/34 of the Indian Penal Code.

It is alleged that the informant's daughter, Pramila Devi was married with Ruben Sah about one year to the alleged occurrence and on 01.03.2019, the accused persons including the petitioner, being co-villager of the husband of the victim, assaulted the daughter of the informant, as a result, she consumed poison.

It is submitted by learned counsel for the petitioner that the accusation of assault is not being corroborated by any

Patna High Court CR. MISC. No.61812 of 2019(2) dt.27-11-2019 2/2 medical opinion, moreover, the petitioner is not the family member of the husband of the victim and above all, the investigation has already been concluded. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the accusation is specific against the petitioner.

Considering the fact that the investigation has already been concluded and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 Judicial Magistrate, Supaul in connection with Bhimpur P.S. Case No. 13 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T