Ashish Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58095 of 2018 Arising Out of PS.Case No. -536 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ashish Kumar.

2. Ajeet Kumar. Both Sons of Rameshar Singh, resident of Village- East Kargahiya, P.S. Muffasill, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 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, 201/34 of the Indian Penal Code. The prosecution case, in brief, is that the deceased had illicit relation with mother of the petitioner No. 1. On being scolded by petitioner No. 1, his mother poured K. Oil on her body and lit herself. In course of treatment, she died. It is alleged that informant's son was murdered and thrown away in the farm of Bettiah Raj.

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

Patna High Court Cr.Misc. No.58095 of 2018 (2) dt.08-10-2018 of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is no other substantial evidence to suggest the implication of the petitioners in the present case nor there is any circumatantial evidence to suggest the participation of the petitioner in the present case. Except for suspicion, there is no other material against the petitioners on record.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Muffasil P.S. Case No. 536 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T