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Patna High CourtCR. MISC./44456/2016bail granted

Mathura Thakur And ANR v. The State Of Bihar

2016-10-06The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44456 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -SONO District- JAMUI ======================================================

1. Mathura Thakur son of late Pokhan @Paklu Thakur.

2. Rita Devi wife of late Shavan Thakur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate. For the Opposite Party/s : Mr. Sri Bharat Lal, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 06-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Mathura Thakur and Rita Devi, in connection with Sono (Charkapathar) P.S. Case No. 25 of 2016 under Sections 302 and 201/34 of the Indian Penal Code Perused the above application and materials on record.

Heard Mr. Satya Prakash Narayan, learned Counsel for the petitioner, and Mr. Bharat Lal, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named have been in custody since 22.06.2016 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced, similarly situated coaccused has been granted bail by a Bench of this Court by the order, dated 10.08.2016, passed in Cr. Misc. No.25092 of 2016,

Patna High Court Cr.Misc. No.44456 of 2016 (2) dt.06-10-2016 2/2 and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accusedpetitioners' liberty on bail would adversely affect their trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/-(Ten Thousand) each with two sureties, each of the like amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Jamui, in connection with Sono (Charkapathar) P.S. Case No. 25 of 2016.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari,CJ) Prakash/- U T