Om Prakash Bhagat v. The State Of Bihar

Patna High Court Cr.Misc. No.43273 of 2015 (2) dt.05-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43273 of 2015 Arising Out of PS.Case No. -148 Year- 2014 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Om Prakash Bhagat Son of Prabhu Bhagat, Resident of Village- Giddha, P.S.- Sahebganj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner prays for anticipatory bail in a case registered under Sections 304 (B), 201 and 120 (B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner works outside the State of Bihar for earning his livelihood and even from the first information report it appears that he was not present when the death of the deceased lady had taken place and he has been merely roped in by stating that at the instance of the petitioner the five persons named in the first information report, including the father-in-law, mother-in-law, two brother-in-laws and one sister-in-law had killed her. It is also submitted that the father-in-law and mother-in-law of the deceased

Patna High Court Cr.Misc. No.43273 of 2015 (2) dt.05-11-2015 lady have already been granted anticipatory bail by this court by order dated 26.03.2015 passed in Cr. Misc. No.40479 of 2014. It is further submitted that co-accused Mundrika Kumari and Gautam Kumar have also been granted anticipatory bail by order dated 24.07.2015 passed in Cr. Misc. No.28208 of 2015. On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Om Prakash Bhagat, in the event of his arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, West Muzaffarpur in connection with Sahebganj P.S. Case No.148 of 2014, subject to the other conditions as laid down under Section 438 (2) of the Cr.P.C.

(Ramesh Kumar Datta, J) V.P.Sinha/- U