Tileshwar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36795 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== 1.

Tileshwar Thakur (Male), aged about 35 years, Son of Late Chando Thakur, Resident of Village - Bhataura, P.S.- Fatehpur, Distt - Gaya. 2.

Usha Devi (Female), aged about 32 years, Wife of Tileshwar Thakur, Resident of Village - Bhataura, P.S.- Fatehpur, Distt - Gaya. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Manish Kumar No. 2, Advocate.

For the Opposite Party :

Mr.Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 30.01.2019 in a case for the offence registered under Sections 302/34 of the IPC.

The prosecution story, in brief, is that the informant's father-in-law, namely, Chando Thakur was taking rest after taking meal at about 9.00 P.M. He started abusing his wife, namely, Chandeshwari Devi at that time, Consequently, informant's husband and her Sautan started assaulting him with Lathi. Accused persons locked informant in a room. Informant was crying from inside the room. Someone, unlocked the door in the morning of 4.00 o'clock. Informant saw her father-in-law is dead.

Patna High Court CR. MISC. No.36795 of 2019(2) dt.27-06-2019 2/2 It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The informant is the second wife of the petitioner no. 1. The wife of the deceased who happened to be the mother of petitioner no. 1 had made an application in the learned court below where she has denied the allegation made in the F.I.R. The said application is Annexure-2 to the present application. As far as petitioner no. 2 is concerned, she is a lady.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, 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 A.C.J.M-X, Gaya, in connection with Fatehpur P.S. Case No. 29 of 2019.

U.K./- (Sudhir Singh, J) U T