Baijnath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60369 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Baijnath Sah S/o Sitaram Sah, R/o Village- Mokhtiyarpur, P.S.- Bhagwanpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Naresh Singh For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 97 of 2017 registered for the offence punishable under Sections-302/34 of the Indian Penal Code.

According to FIR, since family members of the deceased were using non-veg and intoxicant, the deceased opposed and that is why, her murder was committed.

The postmortem reveals that the death was due to handing. There is no eye witness of the occurrence.

Therefore, there is no definite evidence that murder was committed by the petitioner.

Learned counsel for the informant opposed the prayer. Considering the aforesaid facts, let the petitioner, above-

Patna High Court Cr.Misc. No.60369 of 2017 (3) dt.07-02-2018 named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which, the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) A.K.V./- U T