Shiv Mangal Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28370 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -MURAR District- BUXAR ====================================================== Mahendra Ram Son of Sri Sunarika Ram, Resident of village - Sheopur Dera, Police Station Murar, District - Buxar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.33012 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -MURAR District- BUXAR ====================================================== Shiv Mangal Ram S/o Kesho Ram, R/o Village-Bagen Gola, P.S Bagen Gola, District Buxar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.28370 of 2016) For the Petitioner/s : Mr. Raghwendra Pratap Singh, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP (In Cr.Misc. No.33012 of 2016) For the Petitioner/s : Mr. Suraj Deo Singh, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 364 and 120(B)/34 of the I.P.C. The prosecution story, in brief, is that on 25.2.2016 at 7 P.M. the informant's son, namely, Vijay Shankar Prasad went from his house saying that he would come from Chaugai Market.
Patna High Court Cr.Misc. No.28370 of 2016 (4) dt.09-09-2016 2/3 When his son did not return home till late night and in course of search he came to know that one Fulo Devi came and claimed friendship during the visit of her village and asked about the informant's son and after some time his son returned home. The informant further alleged that on the same night the named accused persons including the petitioners also came to his house and asked about his son and later the informant came to know that they with other companion, on the doubt of illicit relation with the wife of petitioner Mahendra Ram, under a criminal conspiracy, kidnapped the son of the informant with intent to kill him and his son is still traceless.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 29.2.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is no material to suggest that the victim was abducted by the petitioners nor there is direct or indirect evidence to show that the petitioners have committed the murder of the deceased. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, it is
Patna High Court Cr.Misc. No.28370 of 2016 (4) dt.09-09-2016 3/3 directed that the petitioners above named be released 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 learned Judicial Magistrate, 1st class, Court No.5, Buxar in connection with Murar P.S. case No.08 of 2016.
(Sudhir Singh, J) Narendra/- U T