Janak Dulari @ Janak Dulari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44915 of 2021 Arising Out of PS. Case No.-154 Year-2020 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.
Janak Dulari @ Janak Dulari Devi W/O Bachchu Singh @ Raghunath Singh Resident Of Village- Bhagwanpur, P.S- Bhagwanpur, District-Vaishali. 2.
Subhash Kumar @ Laljee S/O Bachchu Singh @ Raghunath Singh Resident Of Village- Bhagwanpur, P.S- Bhagwanpur, District-Vaishali. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar No1 For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2022 Heard both parties through video conferencing. The petitioners seek bail in Bhagwanpur P.S. Case No. 154 of 2020, registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code. As per the prosecution case, Abhimanyu Kumar @ Prince Kumar had executed sale deed of land in favour of petitioner and other co-accused persons and when the outstanding amount of consideration money was demanded by him, all the accused persons including this petitioner committed his murder. It is further alleged that on information from villagers, dead body of the deceased was recovered near the pond of village.
It is submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.44915 of 2021(2) dt.22-01-2022 2/2 informant is not eye-witness of the occurrence. From perusal of FIR, it is crystal clear that informant came to know about the deceased from villagers whose identity has not been disclosed in the FIR and only on suspicion petitioners have been made accused in this case. Petitioner no. 1 is mother of petitioner no.
2. The deceased is own nephew of petitioner no. 1 and they were residing in the same house. It is further submitted that after death, autopsy was conducted by Doctor of Sadar Hospital and dead body was handed over to petitioner no. 2 who performed cremation and Shradh. Similarly situated co-accused Bachchu Singh @ Raghunath Singh has been granted bail by this Court vide order dated 09.12.2021 passed in Cr. Misc. No. 36786 of 2021. Petitioners are in custody since 06.04.2021 having clean antecedent.
Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Vaishali in connection with Bhagwanpur P.S. Case No. 154 of 2020. (Prabhat Kumar Singh, J) vinita/- U T