Hari Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76338 of 2018 Arising Out of PS. Case No.-199 Year-2018 Thana- RAGHOPUR District- Supaul ====================================================== Hari Paswan S/o-Late Bohari Paswan Resident of Village-Rampur, P.S. Raghopur, District-Supaul.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha For the Opposite Party/s :
Mr.Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Raghopur P.S. Case No. 199/2018, instituted for offences under Section(s) 302, 201, 120B/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner is named in the written report merely on suspicion. It is alleged in the written report that on 30.07.2018 altercation had taken place between the husband of informant and this petitioner along with others. It is further alleged that on 03.08.2018 informant was sleeping. When she woke up, she did not find her husband. During course of search, one Sibu Mandal informed her that a dead body is lying in his Kharhar. Thereafter, informant rushed to the place of occurrence and
Patna High Court Cr.Misc. No.76338 of 2018(2) dt.21-01-2019 2/2 found the dead body of her husband.
Learned counsel for the petitioner has submitted that altercation between the petitioner and husband of informant had taken place on 30.07.2018 but no F.I.R. was lodged. Deceased became traceless since 03.08.2018 but F.I.R. was lodged on 05.08.2018. There is no eye-witness of the occurrence. Petitioner is in custody since 06.08.2018.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail 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 the learned Additional Chief Judicial Magistrate, Birpur at Supaul in connection with Raghopur P.S. Case No. 199/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T