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Patna High CourtCR. MISC./35155/2017bail granted

Prashant Kumar Sinha And ANR v. The State Of Bihar

2017-08-22Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35155 of 2017 Arising Out of PS.Case No. -299 Year- 2017 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Prashant Kumar Sinha

2. Sushant Kumar Sinha. Both Sons of Binod Kumar inha, Resident of Mohalla-Tatmatoli Thakurbari,Ward No. 25, Police Station K.Hat (Sahayak) District Purnia.

.... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Bidhu Ranjan For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2017 The petitioners seek regular bail in connection with K. Hat (Sahayak) P.S. Case No. 299 of 2017, registered for offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.

Allegation against the petitioners is of causing death of the son of the informant.

It has been submitted on behalf of the petitioners that they have falsely been implicated and have no role to play in the death of the boy. It has also been submitted that only allegation against these petitioners that they have assaulted the deceased by fists and slaps and, thereafter, they took the deceased boy on motorcycle and left him at his house and the deceased being

ashamed might have committed suicide by jumping into the pond. Further in post mortem report also only sign of some assault has been detected. Petitioners have been in judicial custody since 07.05.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact and circumstances of the case and as the charge-sheet has also been submitted in this case, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K. Hata (Sahayak) P.S. Case No. 299 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court

and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T