Raju Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76805 of 2023 Arising Out of PS. Case No.-472 Year-2023 Thana- SONEPUR District- Saran ====================================================== Raju Sah Son Of Sagar Sah Resident Of Village - Baijalpur Keso, P.S. - Sonepur, District - Saran At Chhapra ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 304 of the Indian Penal Code.
3. The allegation against the petitioner is of killing the wife of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The as alleged place from where the dead body was found on the next day is at a distance of about 400500 yards from the alleged field of the petitioner, so it is highly improbable that the petitioner dragged the dead body at such a distance and no one noticed him. The place of occurrence does
Patna High Court CR. MISC. No.76805 of 2023(3) dt.30-01-2024 2/2 not belongs to the petitioner and the joint enquiry report dated 03.10.2023 of four staffs of the electricity department, who found nothing incriminating in or near the as alleged field. It is a case of accidental death. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 01.08.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran in connection with Sonepur P.S. Case No. 472 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T