Sushil Srivastaw And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55898 of 2018 Arising Out of PS.Case No. -92 Year- 2018 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sushil Srivastaw, Son of Avadhesh Pd. @ Awadhesh Srivastaw,

2. Yashoda Devi, Wife of Shri Sushil Srivastaw, Both are residents of Village- Serahawa Bhurahawa Tola, Police StationSemara (Cheutaha), District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Semara (Cheutaha) P.S. Case No.92 of 2018 registered for the offences punishable under Sections 328, 306/34 of the Indian Penal Code.

The informant of this case is brother of deceased. It is alleged that his brother was married with Neha Devi, daughter of Sandeep Srivastava. The said Neha Devi was residing at the place of her parents.

It has been submitted that these petitioners are husband and wife, who are cousin in-laws of the deceased. The allegation

Patna High Court Cr.Misc. No.55898 of 2018 (2) dt.28-09-2018 2/2 of provoking the deceased is omnibus. The deceased died in his own house and the petitioners have been implicated merely on suspicion. The petitioners are in custody since 02.07.2018 having clean antecedents and so they deserve bail.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand)each with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bagaha, West Champaran in connection with Semara (Cheutaha) P.S. Case No.92 of 2018, 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.

(Sanjay Kumar, J) Harish/-