Birendra Thakur And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.8594 of 2016 (3) dt.12-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8594 of 2016 Arising Out of PS.Case No. -101 Year- 2015 Thana -SAHIYARA District- SITAMARHI ======================================================

1. Birendra Thakur Son of Ram Lakhan Thakur resident of village - Bakhri, P.S. Bathnaha, District - Sitamarhi

2. Ram Daresh Thakur Son of Laxmi Thakur resident of village - Phulwaria, P.S. Sahiyara, District - Sitamarhi .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ashhar Mustafa, Advocate For the Opposite Party : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Sahiyara P.S. Case No. 101 of 2015 for the offences instituted under Sections 302 and 201/34 of the Indian Penal Code.

It is alleged in the fardbeyan that on 04.09.2015 at 4.30 P.M., informant got information that one dead body was lying in Bishunpur Pitambar Sareh. He went there and found a dead body of a lady lying in a Rahari field who was aged about 40 years. It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case.

Patna High Court Cr.Misc. No.8594 of 2016 (3) dt.12-04-2016 Petitioners are not named in the FIR. At a belated stage of investigation, one Pano Devi claimed herself to be an eye witness to the alleged occurrence. Her statement is in para-31 of the case diary. The said witness has also not named the petitioners. Petitioners have been made accused merely on the basis of suspicion.

On behalf of the State, it has been submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Sahiyara P.S. Case No. 101 of 2015 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 CJM, Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T