Umesh Kumar Jaiswal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56698 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Umesh Kumar Jaiswal

2. Bhagya Narain Jaiswal, Both S/o Late Harihar Prasad Chaudhary Both residents of Village- Virahima Kathauliya, P.S. Baruraj, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Pandey For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 and 120(B) of the Indian Penal Code.

As per the First Information Report the informant has received a telephonic call that her husband died on account of bike incident. She went to the shop, found that shop was opened and his bike was found standing. His body was found near railway track killed by some sharp cutting weapons. In the First information Report she has suspected the involvement of the petitioners claiming that they have taken

Patna High Court Cr.Misc. No.56698 of 2015 (3) dt.09-02-2016 Rs.10,00,000/- with a condition that they will return Rs.50,000/- per month and when they have failed to do so reminder was given and later on they committed to return the amount by 5.3.2015. The informant has found involvement of the petitioner and his wife in the commission of the offence. Case diary has been called. Nothing substantial except the claim has been made to have given the money to the accused person of Rs.10,00,000/-.

Having considered the facts and circumstances of the case, let petitioners, Umesh Kumar Jaiswal and Bhagya Narain Jaiswal, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Kanti P.S. Case No.78 of 2015, subject to the conditions that petitioners would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioners. Vinay/- (Shivaji Pandey, J) U T