Shankar Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43237 of 2014 Arising Out of PS.Case No. -105 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ======================================================
1. Shankar Thakur, Son of Late Saryug Thakur
2. Bharat Thakur,Son of Late Saryug Thakur, Both residents of village - Morsand, P.S. - Runnidpur, District - Sitamarhi .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Ms. Pushpa Sinha 2, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 03-03-2015 The first petitioner is the father-in-law of late Soni Kumari and the second petitioner is the brother of the first petitioner. Soni Kumari died on 14.3.2014. Her father submitted a complaint on 21.3.2014 before Runni Saidpur Police Station stating that he came to know about the death of his daughter on 15.3.2014 through one of his relations and according to him, the petitioners herein, his son-in-law and other family members caused the death of Soni Kumari. The reason is said to be that the husband of the Soni Kumari demanded a motor-cycle and on account of poverty the complainant could not arrange for the same.
The petitioners were arrested on 29.8.2014. They filed Bail Petition No. 1050 of 2014 in the court of 3rd Additional Sessions Judge, Sitamarhi. The trial court dismissed the same on 30.9.2014.
Patna High Court Cr.Misc. No.43237 of 2014 (3) dt.03-03-2015 2/2 Heard Sri Mrityunjay Kumar, learned counsel for the petitioners and Ms. Pushpa Sinha 2, learned A.P.P. The petitioners are no doubt named in the complaint-FIR. However, prima facie this Court finds that there was delay of one week in submitting the complaint though the information about the death of the deceased reached the complainant on 15.3.2014 itself. Further, the basic allegation that constituted the motive is against the husband of the deceased, who is said to be absconding now. This Court is satisfied that the petitioners deserve to be granted bail.
Accordingly, this application is allowed.
I direct that the petitioners shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Runni Saidpur PS Case No. 105 of 2014.
(L. Narasimha Reddy,CJ) mrl U T