Hare Ram Singh And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6118 of 2015 Arising Out of PS.Case No. -260 Year- 2013 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ======================================================

1. Hare Ram Singh, son of Subhag Singh @ Ram Subhag Singh

2. Jai Prakash Singh, Son of Govind Singh

3. Sitaram Singh, Son of Late Sheo Pujan Singh All resident of village- Shri Rampur, P.S.- Udwant Nagar, District- Bhojpur

4. Bhanu Singh, Son of Deputy Singh, Resident of village- Adaura, P.S.- Udwant Nagar, District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Samrendra, Advocate For the Opposite Party/s : Mr. Kr.Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2015 Heard both sides.

The petitioners seek bail in Sessions Trial No.263 of 2014, arising out of Protest-cum-Complaint Case No.260(C)/2013, registered for the offences under Sections 302/34 of the Indian Penal Code.

The informant Ram Vinesh Singh lodged Udwant Nagar P.S. Case No.158 of 2012 under Section 302 and other section of the Indian Penal Code against unknown for the murder of his brother Ram Binay Singh and his uncle Ramadhar Singh. The police after investigation submitted final form. Thereafter, the informant filed protest petition and the case proceeded. The informant himself did not make any sort of allegation against the petitioners in the F.I.R. and did not raise any suspicion against the

Patna High Court Cr.Misc. No.6118 of 2015 (2) dt.13-02-2015 2/2 petitioners, but in the complaint petition that was filed after more than three months of the institution of the case, the informant suspected the hands of the petitioners in killing his brother and his uncle. Except the suspicion, there appears to be no tangible evidence.

It appears that the petitioners were granted anticipatory bail, but the complainant moved before Hon'ble Supreme Court in Cr.Appeal No.2617 of 2014. The anticipatory bail petition of the petitioners granting bail to the petitioners was set aside and the petitioners were directed to surrender. In pursuance thereof, the petitioner surrendered. Considering the fact that except the suspicion, there is no material against the petitioners, the above named petitioners are directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge, Ara, Bhojpur, in connection with Sessions Trial No.263 of 2014, arising out of Protest Complaint No.260(C)/2013. (Prabhat Kumar Jha, J) PNM U T