Rameshwar Sahni v. The State Of Bihar
Patna High Court Cr.Misc. No.39343 of 2015 (4) dt.09-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39343 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -KALUAHI District- MADHUBANI ======================================================
1. Gunjan Sahani son of Late Govind Sahani, Resident of Village- Malmal, Police Station- Kalauhi, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.50756 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -KALUAHI District- MADHUBANI ======================================================
1. Rameshwar Sahni Son of Govind Sahni, resident of village - Malmal, Police Station - Kalauhi, District - Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.39343 of 2015) For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Smt. Gulnar Begum(App) (In Cr.Misc. No.50756 of 2015) For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. B.Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 09.11.2015 Both the above stated petitions arise out of Kaluahi P.S. Case no. 18/2015 registered under section 302/34 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order.
Heard learned counsel for the petitioners, learned Addl. Public Prosecutor for the State as well as learned counsel for the
Patna High Court Cr.Misc. No.39343 of 2015 (4) dt.09-11-2015 informant.
Informant claims that it was the petitioner in Cr. Misc. no. 39343/2015 who gave lathi blow on the neck of the deceased and having sustained the aforesaid injury, deceased fell down on earth and thereafter, other FIR named accused persons started assaulting the deceased who was, later on, died in course of his treatment but at para 26 and some other paras of the case diary, some witnesses claimed themselves to be eye-witnesses of alleged occurrence and stated that both petitioners assaulted the deceased by means of lathi causing injury on his neck.
Post mortem report of the deceased reveals that only one injury on his head was found and no injury on the neck of the deceased was found.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let 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 Sri Atulveer Singh, Judicial Magistrate, Ist Class, Madhubani/ concerned court in Kaluahi P.S. Case no. 18/2015.
shahid (Hemant Kumar Srivastava,J) U T