Patna High CourtCR. MISC./34591/2015bail granted

Heman Rai And ANR. v. The State Of Bihar

2015-10-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34591 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================

1. Heman Rai S/o Late Jhapashi Rai

2. Sunaina Devi W/o Late Musaphir Rai Both Resident of Village Tetarpur, P.S. Mohiuddin Nagar, District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2015 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted under Sections 302, 201 and 120B of the Indian Penal Code. Allegation is that on 9.5.2015 while the marriage ceremony of the niece of the informant was going on, wife of the informant became traceless and on the next day her dead body was recovered in Janera field of Chandrika Rai.

It has been submitted on behalf of the petitioners that they have no criminal antecedent. They are in custody since 13.6.2015. Chargesheet has been submitted in this case. There is no allegation of tampering with the evidence. Petitioner no. 1 is informant of the present case and petitioner no. 2 is Bhabi of petitioner no. 1. Deceased is wife of petitioner no. 1. Petitioners have been made accused in the present case merely on the basis of suspicion. There is no direct or indirect evidence against the petitioners.

Patna High Court Cr.Misc. No.34591 of 2015 (3) dt.06-10-2015 2 / 2 On behalf of the State, it is submitted that the petitioners have been made accused in course of investigation. Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Mohiuddin Nagar P.S. Case no. 80 of 2015.

(Sudhir Singh, J) sudip/- U T