Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53821 of 2021 Arising Out of PS. Case No.-420 Year-2019 Thana- LAHERIMUHALLA District- Nalanda ====================================================== 1.

RAJU KUMAR Son of Ashok Kumar Resident of Village - Maghara Sarai, P.S.- Deepnagar, Distt.- Nalanda.

2.

AMAR JYOTI SON OF ASHOK KUMAR Resident of Village - Maghara Sarai, P.S.- Deepnagar, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-05-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that he received information on telephone about the death of his wife who was found hanging in the room from the ceiling fan. He states that he is convinced that his two nephews have a hand in the murder of his wife.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case because of the relationship between the parties and there being

Patna High Court CR. MISC. No.53821 of 2021(3) dt.05-05-2022 2/2 land dispute between them. Neither there is an eye witness to the occurrence nor has any material transpired in couse of investigation to connect the petitioners with the alleged crime. The petitioners are in custody since 14.6.2021 and investigation in the case has concluded. The petitioners have no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, there being no eye witness to the occurrence, the petitioners having remained in custody for 10 months and chargesheet having been submitted in the case, both the petitioners are directed to be enlarged on bail in connection with Laheri P.S. Case no. 420 of 2019 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif. (Partha Sarthy, J) Spd/- U T