Prahalad Pathak And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48914 of 2014 Arising Out of PS.Case No. -657 Year- 2003 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Prahalad Pathak son of Tarkeshwar Pathak

2. Bhuar Pathak @ Satyendra Pathak son of Prahalad Pathak both residents of village - Chaukhara, P.S. - Kudra, District - Kaimur at Bhabhua. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioners : Mr. Rameshwar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-02-2015 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners are in custody since 07.10.2014 in connection with Complaint Case No. 657 of 2003 (Tr. No. 505 of 2014) for the offences alleged under Sections 304B, 201 and 120B IPC.

3. It is submitted that the petitioners have been falsely implicated as the deceased died due to chronic bronchitis. The petitioner no.1 being the father-in-law of the deceased is of advanced age of 88 years and the petitioner no. 2 is the 'devar' of the deceased and is living separate and both the petitioners claim clean antecedents. The husband of the deceased himself has been granted bail by this Court by order dated 21.02.2006 in Cr. Misc. No. 1139 of 2006.

Patna High Court Cr.Misc. No.48914 of 2014 (2) dt.20-02-2015

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Dehrion-Sone, Dist. Rohtas in connection Complaint Case No. 657 of 2003 (Tr. No. 505 of 2014) with the condition that the petitionera shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T