Kundan Rishi And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.22344 of 2016 (5) dt.04-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22344 of 2016 Arising Out of PS.Case No. -613 Year- 2015 Thana -KHAZANIHAT District- PURNIA ======================================================
1. Kundan Rishi Son of Sri Babu Lal Rishi
2. Indal Rishi Son of Sri Babu Lal Rishi
3. Chhathu Rishi Son of Late Laxmi Rishi
4. Babu Lal Rishi Son of Late Hari Rishi
5. Mohan Rishi Son of late Basant Rishi All resident of Village - Madhopara, Mushahari Tola, P.S. K. Hat, District Purnea. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Amit Kumar Anand, Advocate For the Opposite Party : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-08-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are in custody in connection with K.Hat (Sahayak) P.S.Case No.613 of 2015 registered for an offence under Sections 147, 148, 149, 302, 504 and 506 of the IPC.
As per the prosecution case, it is alleged by the informant that on 17.09.2015 at about 5 P.M. the entire accused persons have been abusing her Gotani and at about 11 P.M. all the accused persons armed with lathi, rod and other weapon came and assaulted her deceased and fell down and the accused persons are beaten him and badly assaulted on chest and during the course of treatment, her husband died on 18.09.2015.
Patna High Court Cr.Misc. No.22344 of 2016 (5) dt.04-08-2016 Learned counsel for the petitioners submits that petitioner nos.1, 2 and 4 are in custody since 21.09.2015, petitioner no.3 is in custody since 20.09.2015 and petitioner no.5 is in custody since 22.09.2015. Charge-sheet has already been submitted in the case. Petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioners. General and omnibus allegation has been made in respect to assault by danda. There is no external injury on the body of the deceased. The cause of death is being said to be strangulation. There is no allegation of strangulation against any of the petitioners.
On behalf of the State and counsel for the Informant, it is submitted that the petitioners are named in the FIR. Considering the aforesaid facts and circumstances, let the above named petitioners 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 Shri H.P.Tripathi, Vth Additional Sessions Judge, Purnea in connection with Sessions Trial No.40 of 2016 arising out of K.Hat (Sahayak) P.S.Case No.613 of 2015.
(Sudhir Singh, J) B.Kr./- U T