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Patna High CourtCR. MISC./50621/2016bail granted

Harendra Singh And ANR v. The State Of Bihar

2016-11-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50621 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -SANDESH District- BHOJPUR ======================================================

1. Harendra Singh

2. Kameshwar Singh Both sons of late Ramji Singh, resident of village Dharampur, P.S. Sandesh, District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302, 379 and 427/34 of the I.P.C. Allegation is that the accused persons including the petitioners assaulted the wife of the informant on head by means of lathi, danda, fists and slaps, as a result of which she became unconscious and fell down. She was taken to Hospital. In course of treatment the informant's wife died.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 5.8.2016 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.

Patna High Court Cr.Misc. No.50621 of 2016 (2) dt.28-11-2016 2/2 General and omnibus allegation has been made regarding the assault on the deceased. No specific injury has been attributed against the petitioners. Postmortem report does not indicate any external injury on the body 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 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 Smt. Pratibha, Additional Chief Judicial Magistrate IX, Ara in connection with Sandesh P.S. case No.47 of 2016. (Sudhir Singh, J) Narendra/- U T