Srikant Ray @ Srikant Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41722 of 2016 Arising Out of PS.Case No. -115 Year- 2015 Thana -PHULWARIA District- GOPALGANJ ======================================================

1. Srikant Ray @ Srikant Rai

2. Kamlesh Ray alias Kamlesh Rai

3. Pravesh Ray alias Pravesh Rai All sons of Late Vishwanath Ray Resident of village- Magaha Tola, Laxmipur, Police Station- Fulwaria (Shripur O.P.), District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-11-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Sections-302/34 of the Indian Penal Code.

Petitioners and three others are named in the first information report and it is alleged that they killed the deceased by pressing his neck with Lathi.

Submission on behalf of petitioners is that coaccused, Ramawati Devi and Kiran Devi having similar allegation, have already been granted privilege of bail by order dated 06-102016 passed in Cr. Misc. No. 42376 of 2016.

Patna High Court Cr.Misc. No.41722 of 2016 (3) dt.25-11-2016 2/2 No doubt, co-accused Ramawati Devi and Kiran Devi are ladies but admittedly, general and omnibus allegation has been levelled against the above-said accused as well as petitioners. The postmortem report of the deceased goes to show that the cause of death was asphyxia due to strangulation. The informant claims that five persons caused the above-said strangulation to the deceased, which appears to be improbable. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Fulwaria (Shripur O.P. ) P.S. Case No. 115 of 2015 to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Gopalganj.

(Hemant Kumar Srivastava, J) A.K.V./- U T