Raj Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19014 of 2016 Arising Out of PS.Case No. -49 Year- 2015 Thana -PALIGANJ District- PATNA ======================================================
1. Raj Kumar
2. Pawan Kumar Both Sons of Sri Baldeo Yadav Both resident of village - Dhana, P.S. Rani Talab, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Sharma For the Opposite Party/s : Mrs. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the parties.
This application for grant of anticipatory bail arises out of Paliganj P.S. Case No. 49 of 2015, disclosing offences under Sections 302,201/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that similarly situated co-accused, namely, Basanti Devi and Jankya Devi have been granted anticipatory bail by this Court. He has further submitted that accusation against these petitioners is based on mere suspicion and hear-say. Learned counsel for the Additional Public Prosecutor, appearing on behalf of the State of Bihar, has not been able to point out a role of these petitioners in commission of the offence, on the basis of the case diary. Rather, it appears from the case diary that there are materials to suggest that
the deceased had committed suicide.
Considering the above, this application is allowed. Let the petitioners above-named in the event of their arrest/surrender within four weeks from today in the court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Danapur in Paliganj P. S. Case No. 49 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U