Santosh Kumar Sah@Santosh Sah@Santosh Kumarandanr. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1585 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- BIHARIGANJ District- Madhepura ======================================================
1. SANTOSH KUMAR SAH@SANTOSH SAH@SANTOSH KUMAR son of Arun Sah @ Lelhu Sah
2. Deoki Devi wife of Arun Sah @ Lalhu Sah Both residents of vill. Bhawanipur, Sudama Nagar Mushahari Tol (Tola) P.S. Bhawanipur, District Purnea.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh For the Opposite Party/s :
Mr.Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2019 Heard the parties.
The petitioners are apprehending their arrest in connection with Bihariganj P.S.Case No.211 of 2018 , registered for offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code.
Allegation as per FIR is that the informant received information that the dead body of her husband is lying and she suspected the role of the petitioners who are brother and mother as her marriage was an inter-caste marriage and they were not happy with the marriage.
Submission of the learned counsel for the petitioners is
Patna High Court Cr.Misc. No.1585 of 2019(2) dt.23-01-2019 2/3 that nothing specific has been alleged against the petitioners and only on suspicion they have been made accused and the petitioner no.1 was not present there as he had gone to appear in the Railway Competitive Examination at Siliguri on that day. Heard learned A.P.P. , who has opposed the prayer for bail..
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, surrender before the court below within a period of six weeks from the date of order and on surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Sri Abhimanu Kumar, J.M. Ist class, Uda Kishunganj, Madhepura, in connection Bihariganj P.S.Case No.211 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure Panchayat Kshisha Mitra.
It is also made clear that after the investigation if any incriminating materials come against these petitioner except as stated above, the prosecution shall move for cancellation of their bail bond.
With the aforesaid observation, this application is
Patna High Court Cr.Misc. No.1585 of 2019(2) dt.23-01-2019 3/3 allowed.
(Vinod Kumar Sinha, J) chn/- U T