Patna High CourtCR. MISC./44009/2014bail granted

Dayanand Uraon And ANR. v. The State Of Bihar

2015-02-04Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44009 of 2014 Arising Out of PS.Case No. -41 Year- 2014 Thana -RAUTARA District- KATIHAR ======================================================

1. Dayanand Uraon S/o Late Ganesh Uraon

2. Astik Uraon S/o Dayanand Uraon, Both are R/o Dahtola, P.S. -Rautara, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-02-2015 Heard learned counsel for the petitioners and learned APP for the State.

This is an application for grant of bail to the petitioners for the offence punishable under sections 302 & 201/34 of IPC in connection with Rautara P.S. Case No. 41/2014. The petitioners herein are husband and son of the deceased lady. The police detected a deserted dead body in the maize field and accordingly lodged an FIR against unknown. The petitioners thereafter were arrested.

It is submitted on behalf of the petitioners that there is no direct evidence connecting them with the alleged crime. The witnesses noticed in the order of the learned Sessions Judge have

Patna High Court Cr.Misc. No.44009 of 2014 (3) dt.04-02-2015 2 / 2 not stated about the complicity of the petitioners in the alleged crime. Except the confessional statement of petitioner no.1, there is no other material.

Learned APP on going through the case diary is unable to dispute the aforesaid contention.

The petitioners are in custody since June, 2014 and do not carry any criminal antecedent.

In the facts and circumstances of the case, the petitioners abovenamed are directed to be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Sri S.P.Anand, Judicial Magistrate 1st Class, Katihar in connection with the said case subject to the conditions that one of the bailors shall be their own/close family members. The petitioners shall appear in person before the court concerned on the date fixed. In case of default in doing so on two consecutive dates, the trial court shall cancel their bails bonds.

(Kishore Kumar Mandal, J) HR/- U