Patna High CourtCR. MISC./43608/2021partly allowed disposal

Muktinath Prasad v. The State Of Bihar

2022-04-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43608 of 2021 Arising Out of PS. Case No.-191 Year-2017 Thana- KHAIRA District- Saran ====================================================== 1.

MUKTINATH PRASAD S/O LATE KASHI NATH PRASAD RESIDENCE OF MOHALLA-MOUNA, P.S.-CHAPRA TOWN, DISTRICT-SARAN AT CHAPRA.

KIRAN DEVI W/O MUKATINATH PRASAD RESIDENCE OF MOHALLA-MOUNA, P.S.-CHAPRA TOWN, DISTRICT-SARAN AT CHAPRA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kumari Mr.Vijay Kumar For the Opposite Party/s :

Mr.Choubey Jawahar Mr.Uday Shankar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioners apprehend their arrest in a case in connection with Khaira P.S. Case No.191/2017 registered for the offence punishable under Sections 302, 201 of the Indian Penal Code.

The allegation against the petitioners is that they have killed the brother of the informant and disposed the dead body.

Patna High Court CR. MISC. No.43608 of 2021(2) dt.12-04-2022 2/2 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence as alleged has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that after investigation, police submitted the final form against the petitioners but the court below has taken cognizance on the basis of the case diary. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Khaira P.S. Case No.191/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.