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Patna High CourtCR. MISC./33949/2018bail granted

Harshit Sah v. The State Of Bihar

2018-08-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33949 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -PUPRI District- SITAMARHI ======================================================

1. Harshit Sah S/o late Shankar Sah R/o Village- Basauli, P.S. Rahika, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

The FIR of the murder of the daughter of the informant was registered against unknown. The victim was aged about 35 years. During investigation, on the basis of call details which shows that co-accused Ramesh Sah was in talking term with the deceased, Ramesh Sah apprehended by the police and in his confessional statement name of the petitioner surfaced. Submission is that Ramesh Sah has already been allowed bail by a coordinate Bench of this Court in Cr. Misc.

Patna High Court Cr.Misc. No.33949 of 2018 (4) dt.14-08-2018 P2/ No.32389 of 2018.

Learned counsel for the informant opposed the prayer for bail on the ground that daughter of the victim has stated that the victim left the house saying that she is going to meet with Ramesh Sah.

Considering the material that there is no direct allegation against the petitioner, let the petitioner, above 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 Pupri P.S. Case No.16 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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) Mkr./- U T