Sivam Kumar @ Sachin v. The State Of Bihar
Patna High Court Cr.Misc. No.45297 of 2014 (2) dt.04-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45297 of 2014 Arising Out of PS.Case No. -95 Year- 2014 Thana -KASIMBAZAR District- MUNGER ======================================================
1. Jitendra Kumar, Son of Ram Chandra Prasad.,
2. Pankaj Kumar, son of Ram Chandra Prasad.
.... .... Petitioners.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== with Criminal Miscellaneous No.47067 of 2014 Arising Out of PS.Case No. -95 Year- 2014 Thana -KASIMBAZAR District- MUNGER ====================================================== Sivam Kumar @ Sachin, son of Jitendra Kumar, resident of Village- Kaura Maidan College Road, Police Station- Kasim Bazar, District- Munger. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== with Criminal Miscellaneous No.48942 of 2014 Arising Out of PS.Case No. -95 Year- 2014 Thana -KASIMBAZAR District- MUNGER ====================================================== Vikaram Kumar Raut, Son of Vinod Raut, resident of Mohalla- Fauzdari Bazar, Kasim Bazar, P.S. Kasim Bazar, District- Munger. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== Appearance :
(In Cr.Misc. No.45297 of 2014) For the Petitioners : Mr. Sanjeev Ranjan, Advocate. For the State : Mr. Arun Kumar Pandey, A.P.P. (In Cr.Misc. No.47067 of 2014) For the Petitioner : Mr. Sanjeev Ranjan, Advocate. For the State : Mr. Md.Arif, A.P.P. (In Cr.Misc. No.48942 of 2014) For the Petitioner : Mr. Kumar Kamal Nayan, Advocate. For the State : Mr. Anil Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 04-02-2015 Heard learned counsel for the petitioners and learned counsel for the State.
Patna High Court Cr.Misc. No.45297 of 2014 (2) dt.04-02-2015 Three bail petitions are being heard together and disposed off by common order as three cases arise in connection with Kasim Bazar P.S. Case No. 95 of 2014 registered under Sections 364, 120(B) and 34 of the Indian Penal Code. Later on Sections 302 and 201 of the Indian Penal Code was added. It is alleged that in the night at about 8.30 P.M. one unknown boy came to the house of the informant and asked her husband to go with him for making food in a marriage but the husband of the informant did not return. Thereafter, dead body of the husband recovered in a well and suspicion has been raised that all the accused persons involved in this case for the reason there was prior enmity with the husband of the informant and these petitioners. However, from the order of rejecting bail petition of these petitioners by the Additional Sessions Judge, it is apparent that only material against the petitioners is that petitioners were seen going where dead body of the victim was recovered and confessional statement of co-accused.
It is submitted that this case hinges on circumstantial evidence and confession. The petitioners are in jail custody since
15. 06. 2014 and 24. 10. 2014.
Having regard to the facts and circumstances of the case, the above named petitioners are directed to 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 the Chief Judicial Magistrate, Munger, in connection with Kasim Bazar P.S. Case No. 95 of 2014.
m.p.
(Gopal Prasad, J) U