Nitish Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54242 of 2018 Arising Out of PS. Case No.-83 Year-2018 Thana- ATHMALGOLA District- Patna ======================================================

1. Nitish Kumar, S/o Late Chotu Sah,

2. Shilpi Devi @ Shilpi Kumari W/o NItish Kumar , Both R/o Vill.- Rupas Din Dayal Singh Ka Tola, P.S.- Athmalgola , DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar For the Opposite Party/s :

Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in Athmalgola P. S. Case No. 83 of 2018 instituted for the offence under Section(s) 302/34 Indian Penal Code.

Petitioner is in custody since 8.5. 2018.

In the written report, it is alleged that sister of the informant has constructed house just adjacent to the house of the informant after purchasing the land. She was living with her son and daughter-in-law. They always used to have altercation with the mother. The informant has tried to persuade them but they did not agree.

It is alleged that on 7.5. 2018 both these petitioners

Patna High Court Cr.Misc. No.54242 of 2018(3) dt.08-10-2018 2/2 have assaulted his sister on account of which she died. Case diary has been received.

Learned counsel for the petitioner has submitted that in the case diary there is no eye witness of the occurrence. All the witnesses are hearsay witnesses. The informant has raised mere suspicion against this petitioner.

Learned APP after looking into the case diary has submitted that witnesses are hearsay witnesses. Learned counsel for the petitioner after looking into the postmortem report submits that only one injury was found on the temporal region of the deceased.

Considering the aforesaid, let 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 the SDJM, Barh Dist. Patna, in connection with Athmalgola P. S. Case No. 83 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioners.

(Sanjay Priya, J) shyambihari/- U T