Jang Bahadur Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61282 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== Jang Bahadur Rai Son of Sukai Rai, Resident of Village-Bhagwanpur, Police Station-Madhuban, District-East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate.
For the informant : Mr. Umesh Chandra Verma, Advocate. Ms. Rashmi Jha, Advocate.
Mr. Abhishek Kumar, Advocate.
For the State :
Mr. Binod Kumar 2, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner, counsel for the informant and the State.
The petitioner seeks bail in Madhuban P.S. Case No. 43 of 2018 instituted for the offence under Sections 302/34 of the Indian Penal Code.
Counsel for the petitioner submits that no specific allegation of overt act is attributed against the petitioner. There is allegation in the written report that total six accused persons including petitioner entered into the house of the informant while she was sleeping with her husband. The accused persons caused death of her husband by slitting his throat.
The further statement of the informant has been recorded in paragraph-8 of the case diary wherein she has stated that she saw
Patna High Court Cr.Misc. No.61282 of 2018(3) dt.22-11-2018 2/2 this petitioner running away from the house. She has stated that some persons had entered into the house and slit the neck of her husband.
In such circumstances, from the written report and further statement of informant, it appears that no allegation of any specific overt act has been attributed to the petitioner. Case diary has been received.
Post mortem report of husband of the informant is available in the case diary wherein the Doctor has found one throat cut injury on the neck of the deceased.
Counsel for the informant has appeared and opposed the prayer for bail.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 Additional Chief Judicial Magistrate-IV, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 43 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.
S.Ali/- (Sanjay Priya, J) U T