Heera Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76110 of 2018 Arising Out of PS. Case No.-197 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Heera Sah Son of Ram Bahadur Sah Resident of Village Bhadas South, P.S. Mufassil, District- Khagaria.
... ... Petitioner/s
Versus
The State Of Bihar ....................................... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Kishor Poddar For the Opposite Party/s :
Mr.Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Khagaria (Muffasil) P.S. Case No. 197 of 2018, arising out of complaint case No. 804 of 2017 registered for the offence under Section 302/120 (B) of the Indian Penal Code. Learned Counsel appearing on behalf of the petitioner submits that wife of this petitioner is deceased. He further submits that on account of fact that this petitioner has illicit relation with wife of co-accused Dhodho Sah. Petitioner has been suspected in this case. He submits that except suspicion there is no material to connect this petitioner in commission of the death. Learned counsel for the petitioner submits that other co-accused have been granted bail and this petitioner is in custody since 24.4.2018.
Learned APP submits that there is no specific material
Patna High Court Cr.Misc. No.76110 of 2018(3) dt.29-01-2019 2/2 to suggest the commission of crime by this petitioner. There is no direct evidence except circumstantial evidence. Considering the totality of the facts and circumstances, let the petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Khagaria in connection with Khagaria (Muffasil) P.S. Case No.197 of 2018 (S.T. No. 307 of 2018).
(Anil Kumar Upadhyay, J) T.Kr./- U T