Ram Lal Ram And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.38846 of 2014 (3) dt.21-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38846 of 2014 Arising Out of PS.Case No. -144 Year- 2013 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ram Lal Ram

2. Ubi Ram

3. Tutu Ram @ Tatu Ram All Sons of Girja Ram Resident of Village Pakaridayal, P.S. Pakaridayal, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vidya Sagar For the Opposite Party/s Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 21.05.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners are named in the first information report but according to the prosecution case itself, informant expressed his suspicion against the petitioners and others on the ground that one day prior petitioners and other accused had threatened the deceased and furthermore, there was litigation between them. Admittedly, dead body of the deceased was found hanging with a tree and none has seen the actual killing of the deceased. Learned Sessions Judge has referred paras 6 and 7 of the case diary and it is apparent from the aforesaid paras as well as different paragraphs of the case diary that none has seen the actual killing of the deceased and except suspicion, there appears to be

Patna High Court Cr.Misc. No.38846 of 2014 (3) dt.21-05-2015 nothing against these petitioners.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the 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 Sub divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in Pakridayal P.S. Case no. 144/2013 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T