Debu Mahto And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.40880 of 2014 (3) dt.22-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40880 of 2014 Arising Out of PS.Case No. -211 Year- 2014 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Debu Mahto,

2. Sampati Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. Subhash Chandra Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2015 Heard learned counsels for the petitioners, informant and the State.

The petitioners are languishing in custody since 15.7.2014 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The dead body of two and half-years-old-daughter of the informant was found in front of the house of the petitioners, hence, suspicion was raised against the petitioners. It is submitted by the learned counsel for the informant that blood stained clothes and dolls of the victim were recovered from the house of the petitioners.

It is submitted by learned counsel for the petitioners that recovery was alleged to have been made by the informant himself

Patna High Court Cr.Misc. No.40880 of 2014 (3) dt.22-01-2015 and the recovered articles were handed over to the police. The seizurelist does not depict any seizure of blood stained clothes or doll.

It is not controverted by the learned counsel for the informant that the postmortem was not done at the instruction of the informant. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the circumstantial nature of accusation, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 211 of 2014.

(Dinesh Kumar Singh, J) Anil/- U T