Awdhesh Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10736 of 2016 Arising Out of PS.Case No. -120 Year- 2014 Thana -NAWINAGAR District- AURANGABAD ======================================================

1. Awdhesh Ram Son of Late Marchu Ram

2. Satyanarayan Ram son of Surajmal Ram,

3. Dhanwa Devi wife of Sitaram Ram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

Prosecution case is that the informant's grand-son Praveen Kumar was employed at the shop of Niraj Singh at Nabinagar, who used to give his wages to one Laukesh Ram. The grand son of the informant got acquainted with the petitioner Awadhesh Ram, co-accused Ganauri Ram and Mukesh Ram and

Patna High Court Cr.Misc. No.10736 of 2016 (2) dt.14-03-2016 2/3 used to reside with them. On 28.08.2014, the accused Ganauri Ram came and enquired about the grand-son of the informant when the victim went in the company of the co-accused Laukesh. Subsequently, the dead body of the grand-son of the informant was recovered when suspicion was raised against these petitioners.

It is submitted by learned counsel for the petitioners that except the suspicion raised by the informant against these petitioners, no evidence has been collected against them which gets reflected from the impugned order. On conclusion of investigation, the petitioners were not sent up for trial but differing with the final form cognizance has been taken. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the fact that on conclusion of investigation, the petitioners were not sent up for trial coupled with a statement that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad

Patna High Court Cr.Misc. No.10736 of 2016 (2) dt.14-03-2016 3/3 in connection with Nabinagar P.S. Case No.120/2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T