Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15537 of 2019 Arising Out of PS. Case No.-252 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== 1.

Sunita Devi W/o Raj Kumar Paswan, Resident of Sunderpur, Bela, P.S.- L.N.M.U., District- Darbhanga.

2.

Raj Kumar Paswan, S/o Late Sita Ram Paswan, Resident of Sunderpur, Bela, P.S.- L.N.M.U., District- Darbhanga.

3.

Manjit Paswan, S/o Raj Kumar Paswan, Resident of Sunderpur, Bela, P.S.- L.N.M.U., District- Darbhanga.

4.

Sanjit Paswan, S/o Raj Kumar Paswan, Resident of Sunderpur, Bela, P.S.- L.N.M.U., District- Darbhanga.

5.

Anjit Paswan, S/o Raj Kumar Paswan, Resident of Sunderpur, Bela, P.S.- L.N.M.U., District- Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Rajeev For the Opposite Party/s :

Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners seek bail in a case instituted for the offences under Sections 302, 120B and 34 of the Indian Penal Code.

The prosecution allegation in short is that the accused persons killed the son of the informant while he was returning to his house.

It has been submitted on behalf of the petitioner no. 1

Patna High Court CR. MISC. No.15537 of 2019(4) dt.23-07-2019 2/3 is in custody since 1.11.2018 and petitioner nos. 2 to 5 are in custody since 6.11.2018. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. As far as petitioner nos. 1, 2, 4 and 5 are concerned, there is no allegation of assault alleged against them. As per the informant, petitioners are said to have been seen fleeing away from the place of occurrence. It is further submitted that the petitioners will cooperate during the trial.

On behalf of the State and the informant, it is submitted that the petitioners are named in the F.I.R. As per statement made by the eye-witnesses in paragraph 9 of the case diary, Manjit Paswan (petitioner no. 3) is the main assailant. Considering the same, I am not inclined to grant bail to petitioner no. 3 namely Manjit Paswan. His prayer for bail is rejected. The trial Court is directed to take all necessary steps to conclude the trial preferably within nine months from the date of receipt/production of a copy of this order. So far as petitioner nos. 1, 2, 4 and 5, above named, are concerned, they are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.15537 of 2019(4) dt.23-07-2019 3/3 Chief Judicial Magistrate, Darbhanga in connection with L.N.M.U. P.S. Case No. 252 of 2018 with a condition that petitioners will be present on each and every date fixed at the trial. If the petitioners fail on two consecutive dates, the trial Court will have liberty to cancel their bail bonds and secure their attendance/apprehension in accordance with law. (Sudhir Singh, J) Pankaj/- U T