Deo Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39505 of 2014 Arising Out of PS.Case No. -45 Year- 2014 Thana -IMAMGANJ District- GAYA ====================================================== Deo Kumar Das Son of Late Bhuneshwar Das Resident of Village - Pakardih, P.S. - Imamganj, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.43992 of 2014 Arising Out of PS.Case No. -45 Year- 2014 Thana -IMAMGANJ District- GAYA ====================================================== Sunaina Devi Wife of Late Bhuneshwar Das resident of village- Pakardih, P.S.- Imamganj, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.49741 of 2014 Arising Out of PS.Case No. -45 Year- 2014 Thana -IMAMGANJ District- GAYA ====================================================== Bijay Prasad .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.39505 of 2014) For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) (In Cr.Misc. No.43992 of 2014) For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Ajay Kumar -I(App) (In Cr.Misc. No.49741 of 2014) For the Petitioner/s : Mr. Sunil Kumar Singh No-10 For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER

Patna High Court Cr.Misc. No.39505 of 2014 (3) dt.02-02-2015 2/3 02-02-2015 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case registered for offences punishable under sections 302, 120B/34 of the Indian Penal Code.

The allegation against the petitioners is that they have conspired together and killed Bhuneshwar Das, brother of informant. It is submitted that the informant is not the eye witness of the occurrence. During investigation, also only suspicion has been made against the petitioners. Petitioner Deo Kumar Das is the son of the deceased, Sunaina Devi is the wife of the deceased and Vijay Prasad is alleged to be the lover of the petitioner Sunaina Devi. There is no eye witness to the occurrence. After investigation charge sheet has already been submitted. Learned counsel for the State submits that there is strong substantial evidence against the petitioners. Considering the facts and circumstances, petitioners are directed to 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 Shr Nitish Kumar, learned Judicial Magistrate 1st class, Sherghati at Gaya/court concerned in connection with Imamganj P.S.Case No. 45 of 2014 after framing of charge with following conditions:-

Patna High Court Cr.Misc. No.39505 of 2014 (3) dt.02-02-2015 3/3 I) One of the bailors will be the close relative of the petitioners.

II) The petitioners will not indulge in similar or in any other offence.

III) The petitioners will be well represented in the Court.

IV) In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the Court concerned.

(Amaresh Kumar Lal, J) Sudha/- U T