Nitu Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29656 of 2015 Arising Out of PS.Case No. -187 Year- 2015 Thana - KOTWALI (TILKAMANJHI) DistrictBHAGALPUR ======================================================
1. Nitu Devi D/O Late Jaikant Mandal
2. Dhananjay Mandal
3. Mrityunjay Mandal Both Sons of Late Jaikant Mandal All residents of Village- Sachidanand Nagar (Hawai- Adda) P.S.- Tilkamanjhi, DistrictBhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-11-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The present case was lodged on 20-03-2015 whereas; according to informant itself, the son of deceased came in his possession on 12-03-2015. In the present case, at paragraph-28 of the case diary, the son of the deceased aged about 7 years, claimed himself to be eye witness of the alleged occurrence. The aforesaid paragraph was recorded by the I.O. on 25-03-2015. Furthermore, paragraph-32 of the case diary reveals that clothes, bangles said to be of the deceased, were recovered on the bank of river. No doubt, at paragraph-28 of the case diary, son of the
Patna High Court Cr.Misc. No.29656 of 2015 (4) dt.03-11-2015 deceased claimed that petitioners committed murder of his mother and threw her into river but submission on behalf of the petitioners is that there is no explanation of above-said delay and it is not clear as to why the informant kept himself mum, when he had already got information regarding the alleged occurrence on 1203-2015 from son of the informant. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioners named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Kotwali (Tilkamanjhi) P.S. Case No. 187 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur.
(Hemant Kumar Srivastava, J) A.K.V./- U T