Jainath Yadav And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.15225 of 2015 (4) dt.14-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15225 of 2015 Arising Out of PS.Case No. -109 Year- 2013 Thana -GUTHNI District- SIWAN ======================================================
1. Arvind Gond Son of Radhe Shyam Gond, Resident of village- Agasara, P.S.- Darauli, District- Siwan .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s with Criminal Miscellaneous No.37178 of 2015 Arising Out of PS.Case No. -109 Year- 2013 Thana -GUTHNI District- SIWAN ======================================================
1. Jainath Yadav, Son of Late Ramakant Chaudhary.
2. Vakil Yadav Son of Jagarnath Chaudhary. Both Residents of VillageAgasara, Police Station- Darauli, District- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.15225 of 2015) For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. U.S.P Singh (App) (In Cr.Misc. No.37178 of 2015) For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-09-2015 Both the above-said petitions arise out of Guthni P.S. Case No. 109 of 2013 registered under Sections-302/34 of the Indian Penal Code and accordingly, both the above-said petitions are being heard and disposed of by this common order. Heard learned counsels for the petitioners as well as
Patna High Court Cr.Misc. No.15225 of 2015 (4) dt.14-09-2015 learned Additional Public Prosecutor for the State. According to prosecution case itself, the alleged occurrence took place on 04-08-2013 and after the alleged occurrence, the deceased was taken to referral hospital where his treatment was done and after that, he returned to his home but again, when his condition started deteriorating, he was got admitted in hospital and died on 13-08-2013 and after that, the present case was lodged. The informant is not an eye witness of the alleged occurrence and in course of investigation, not a single witness claimed himself to be eye witness of the alleged occurrence.
Considering the above-said submissions as well as facts and circumstances of the case, let petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Guthni P.S. Case No. 109 of 2013 to the satisfaction of learned Chief Judicial Magistrate, Siwan. (Hemant Kumar Srivastava, J) A.K.V./- U