Karmu Paswan And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.58328 of 2015 (3) dt.12-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58328 of 2015 Arising Out of PS.Case No. -57 Year- 2013 Thana -RANIYATALAB District- - ======================================================

1. Karmu Paswan Son of late Roashan paswan

2. Kanti Devi@ Kanti Devi Ram Wife of Sri karmu Paswan Both are Resident of Village - Saraia, P.s Rani Talab, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-05-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Rani Talab P.S. Case No. 57 of 2013 for the offences registered under Section 302/34 of the Indian Penal Code. While disposing of the bail application of the petitioner no. 2, for consideration of the anticipatory bail application of petitioner no. 1, case diary was called for which has since been received.

Learned counsel for the petitioner no. 1 submits that there is no material in the case diary to indicate the complicity of the petitioner and the main allegation is against one Lalita Devi, who has since been extended the privilege of anticipatory

Patna High Court Cr.Misc. No.58328 of 2015 (3) dt.12-05-2016 bail. So far as this petitioner no. 1 is concerned, he is son of the deceased and there is general and omnibus allegation against him.

Learned counsel for the State on perusal of the case diary, submits that all accused persons assaulted the deceased leading to his death.

In view of the fact that there is no specific allegation against the petitioner, let the petitioner no. 1 namely, Karmu Paswan, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Danapur, District Patna in connection with Rani Talab P.S. Case No. 57 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T