Patna High CourtCR. MISC./13349/2015bail granted

Sona Lal Roy And ORS v. State Of Bihar And ANR

2016-07-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13349 of 2015 Arising Out of PS.Case No. -428 Year- 2009 Thana -COMPLAINT CASE DistrictKISANGANJ =====================================

1. Sona Lal Roy, Son of Aitwari Roy.

2. Chamru Roy, Son of Mahendra Roy.

3. Mahendra Roy, Son of Late Biltu Roy.

All are residents of Village - Gambhir Garh, Police Station - Sukhani in the district of Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rina Das, Wife of Late Mantu Das, resident of Village - Khaltabaj Jot, Police Station - Khoddibari in the district of Darjelling (West Bengal).

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar, Adv. For the Opposite Party/s : Mr. Uday Chand Pd. (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11 11-07-2016 The certified copy of Complaint Case No.428 of 2009 has been filed on behalf of the petitioners in course of the day. Let it be kept on the record.

Heard the parties.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.13349 of 2015 (11) dt.11-07-2016 2/2 petitioners that a U.D. case was registered vide Case No.79 of 2009 after the death of the complainant's husband on 31.03.2009 and the postmortem was done on the same date, i.e. 31.03.2009. He submits that sixteen days after her husband's death, the complainant filed the present complaint petition on the basis of mere suspicion, implicating the present petitioners. He has also submitted that the petitioners were granted provisional bail by this Court vide order, dated 02.09.2015, passed in Cr. Misc. No.13349 of 2015, and there is nothing to show that they ever misused the privilege so granted. It has also been submitted that the petitioners have no criminal antecedent.

Considering the facts and circumstances of the case and the submissions, so advanced on behalf of the petitioners, this application is allowed. The provisional bail granted to the petitioners, abovenamed, vide order, dated 02.09.2015, passed in Cr. Misc. No.13349 of 2015, stands confirmed.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T