Patna High CourtCR. MISC./56639/2017bail granted

Vinay Kumar Sah v. The State Of Bihar

2017-12-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56639 of 2017 Arising Out of PS.Case No. -3 Year- 2014 Thana -MAHESHKHUNT District- KHAGARIA ====================================================== Vinay Kumar Sah, Son of Om Prakash Sah, Both resident of MohallaMaheshkhunt, near Patel High Schhol, P.S.- Maheshkhunt, DistrictKhagaria. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pawan Kumar Singh, Advocate. For the Opposite Party : Mr. Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 04.09.2017 in a case for the offence registered under Sections 498(A) and 304(B)/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. Charge sheet has been submitted in the present case.

Patna High Court Cr.Misc. No.56639 of 2017 (3) dt.13-12-2017 2/2 The petitioner has been made accused in the present case due to mistake of fact. The witnesses examined in paragraph nos. 51 and 55 of the case diary have stated that the deceased died due to illness. The postmortem report also indicates that there is no external and enternal injury on the body of the deceased. The cause of death is said to be 'Hypovolemic Shock'. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case. Considering the aforesaid facts and circumstances, let the petitioner above named, released 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 A.C.J.M. 3rd, Khagaria, in connection with Maheshkhunt P.S. Case No.03 of 2014, G.R. No. 57 of 2014.

U.K./- (Sudhir Singh, J) U T