Dhanjee Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.43840 of 2014 (4) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43840 of 2014 Arising Out of PS.Case No. -87 Year- 2014 Thana -SAHAR District- BHOJPUR ======================================================

1. Dhanjee Chaudhary S/O Vishvanath Chaudhary Resident of VillBaruhin, P.S.- Sahar, Dist.- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.45849 of 2014 Arising Out of PS.Case No. -87 Year- 2014 Thana -SAHAR District- BHOJPUR ======================================================

1. Shashibhusan Saheb (singh) s/o Shyamlal Saheb

2. Chandrawati Devi w/o Shashibhusan Saheb both are resident of Vill - Baruni, p.s. Sahar Dist - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.43840 of 2014) For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. M.Haque (App) (In Cr.Misc. No.45849 of 2014) For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 03.03.2015 Both the above stated petitions arise out of Sahar P.S. Case no. 87/2014 registered under sections 302, 201, 120B of the IPC and accordingly, both the above stated petitions are being disposed of by this common order.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Patna High Court Cr.Misc. No.43840 of 2014 (4) dt.03-03-2015 Petitioners in Cr. Misc. no. 45849/2014 are parents of the victim whereas petitioner in Cr. Misc. no. 43840/2014 is a stranger to the family of the petitioners in Cr. Misc. no. 45849/2014. Admittedly, daughter of the petitioners in Cr. Misc. no. 45849/2014 solemnized her love marriage with the informant of this case and later on, she along with her children went to her parental home but she along with her one child was found missing from her parental home.

In course of investigation, petitioner no.1 in Cr. Misc. no. 45849/2014 and petitioner in Cr. Misc. no. 43840/2014 were arrested and their confessional statements were recorded. Admittedly, none has seen the actual killing of the deceased nor any witness claimed to have seen the petitioners carrying the dead body of deceased persons of this case.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind the period of detention of the petitioners in jail custody, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Sahar P.S. Case no. 87/2014.

shahid (Hemant Kumar Srivastava,J) U T