Dilip Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39522 of 2018 Arising Out of PS. Case No.-332 Year-2016 Thana- KESARIA District- East Champaran ====================================================== Dilip Sah, Son of Yodha Sah, Resident of Village- Sagar Churaman, P.S.- Keshariya, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-08-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Keshariya P.S. Case No. 332 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant is the father of the deceased who in his written complaint has stated that while his daughter was in his lap, FIR named eight accused persons came and took him in his courtyard and threw his daughter on the floor as a result of which she died and thereafter they assaulted him and his family members.

It has been submitted on behalf of the petitioner that there is no specific allegation against the petitioner of throwing the child on the floor resulting in her death. The allegations are

Patna High Court Cr.Misc. No.39522 of 2018(3) dt.29-08-2018 2/2 general and omnibus against all the FIR named accused persons. During investigation the Sub-divisional Police officer has found the case to be true under Section 304 of IPC. Petitioner has got no criminal antecedent and is in custody since 18.05.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Keshariya P.S. Case No. 332 of 2016.

(S. Kumar, J) ranjan/- U