Dilip Rishideo And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29316 of 2018 Arising Out of PS.Case No. -290 Year- 2016 Thana -RANIGANJ District- ARRARIA ======================================================
1. Dilip Rishideo,
2. Kariya Rishideo, Both S/o Mushan Rishideo @ Mushan Rishidev,
3. Pawan Mandal @ Pavan Kumar S/o Madan Mandal, All Residents of Vill.- Janakpur (Piparpanti) Panchayat Majhuwa West Ward No.-13, P.S.- Raniganj, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Raniganj P.S. Case No. 290 of 2016, instituted for the offence under Sections 364, 302 and 120(B) of the Indian Penal Code.
In the complaint petition it is alleged that petitioners took brother of the informant to Punjab and on 11.07.2016 due to political reason, they committed murder of his brother. After receiving information about death of his brother, the informant went to Kapurthala, Punjab and after performing last rites of his brother in Punjab and obtaining death certificate, he returned to the house. Thereafter, the instant case has been filed.
Learned counsel for the petitioners has submitted that in
Patna High Court Cr.Misc. No.29316 of 2018 (3) dt.28-06-2018 2/2 fact, brother of the informant has died due to snake bite for which UD case was registered in Punjab wherein it is mentioned that the deceased died due to snake bite. Xerox copy of the UD case has been filed during hearing of the bail petition.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Raniganj P.S. Case No. 290 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- Rohit Kr.
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