Tilkori Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 23567 of 2020 Arising Out of PS. Case No.-346 Year-2019 Thana- CHAUSA District- Madhepura ====================================================== 1.

TILKORI RAM Son of Shri Bishan Ram Resident of Village - Paiana, P.S.- Chausa, District - Madhepura.

2.

Yadunandan Ram Son of Kokay Ram Resident of Village - Paiana, P.S.- Chausa, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in Chausa Police Station (for brevity, PS) Case No 346 of 2019 instituted for the offence punishable under Sections 364, 302, 120B of Indian Penal Code.

Patna High Court CR. MISC. No.23567 of 2020(2) dt.18-09-2020 2/3 Allegation is that the accused persons abducted and committed murder of the informant's son Md Aman. It has been submitted on behalf of the petitioners that the petitioners are in custody since 20.12.2019 and have got no criminal antecedent. The informant is not an eye witness to the alleged occurrence. The names of petitioners have transpired in this case merely on the basis of suspicion. Except this, there is no other substantive evidence to suggest their implication in this case.

The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioners, above named, be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura in Chausa PS Case No 346 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the

Patna High Court CR. MISC. No.23567 of 2020(2) dt.18-09-2020 3/3 address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T