Patna High CourtCR. MISC./47472/2016bail granted

Mishari Bhagat And ANR v. State Of Bihar And ANR

2016-12-22Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.47472 of 2016 (2) dt.22-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47472 of 2016 Arising Out of PS.Case No. -3220 Year- 2003 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Mishari Bhagat

2. Umesh Bhagat Both sons of Late Ram Nandan Bhagat resident of Village-Bhagwanpur Pakari. PS-Lalganj, Dist.-Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shiv Pujan Singh S/o Late Jhajhu Singh R/o Vill- Kharauni, P.S. Lalganj, Distt. Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 22.12.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under section 304B of the Indian Penal Code.

Petitioner no. 1 is father-in-law whereas petitioner no.2 is cousin father-in-law of the deceased and the petitioners seek bail on the ground that husband and mother-in-law of the deceased have already been acquitted. The trial court rejected the bail petition of the petitioners taking note of this fact that occurrence had taken place in the year 2003 but they could be remanded in this case on 11.9.2016. Moreover, considering this aspect of the matter that husband and mother-in-law of the deceased have already been acquitted after fulfilledged trial and there is no likelihood of the conviction of the

Patna High Court Cr.Misc. No.47472 of 2016 (2) dt.22-12-2016 petitioners in the present case, let petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Complaint Case no. 3220 of 2003/ Tr. no. 24/2015.

shahid (Hemant Kumar Srivastava,J) U T