Vijay Kumar Sharma @ Vijay Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50869 of 2016 Arising Out of PS.Case No. -68 Year- 2016 Thana -PUPRI District- SITAMARHI ======================================================

1. Vijay Kumar Sharma @ Vijay Rai son of Ram Binod Rai

2. Ram Binod Rai son of late Ramashray Rai, both resident of village Peraukhar, P.S. Madhvapur, District Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Malay Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302/34 of the Indian Penal Code. The prosecution case, in brief, is that on 25.4.2016 at 9 P.M. the informant along with his brother Vinay Rai came at his house from the field and they took meal together. On that day at 10 P.M. his brother had gone at the darwaja for tying buffalo, but he could not return. On the next day one Banda informed him that his brother was hanging in a mango tree. The informant, his father along with other villagers had gone there and saw his brother hanging in a mango tree by means of rope.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.50869 of 2016 (2) dt.02-12-2016 2/2 allegation of tampering of witnesses alleged against the petitioner. The petitioners have falsely been implicated in the present case. There is no eye witness to the alleged occurrence nor there is any substantive evidence to suggest their implication in the present case.

On behalf of the State, it is submitted that the petitioners have been made accused in course of investigation. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Pupri P.S. case No.68 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T