Kariman Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7043 of 2015 Arising Out of PS.Case No. -123 Year- 2014 Thana -AWTARNAGAR District- SARAN ======================================================

1. Kariman Prasad.

2. Channu Prasad. Both are sons of Topal Prasad, resident of village - Pratappur, P.S. Awatar Nagar, Distt. Saran.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Mukesh Kumar Singh, Advocate. For the Opposite Party : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners are in jail since 26.09.2014 in a case registered under Sections 302 and 201/34 of the I.P.C. The petitioners are agnates of the informant and it is an admitted position that the partition dispute was pending between the parties. Further more, it is also an admitted position that none has seen the actual killing of the deceased and dead body of the deceased was found in a well. Though, the informant stated that the deceased was taken away by the petitioners prior to the alleged occurrence but even the aforesaid statement of the informant assumed to be true, then also, at best, it is a case of last seen.

Patna High Court Cr.Misc. No.7043 of 2015 (3) dt.29-04-2015 2 / 2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners above named, 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 the learned J.M. Saran at Chapra, in connection with Awatar Nagar P.S. Case No. 123 of 2014. U.K./- (Hemant Kumar Srivastava, J) U T