Munna Kumar Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57516 of 2018 Arising Out of PS.Case No. -376 Year- 2016 Thana -AMARPUR District- BANKA ======================================================

1. Munna Kumar Das, S/o Gopal Das,

2. Bal Kishore Das S/o Kapildeo Azad,

3. Ranjan Kumar Das S/o Hemendra Kr. Das,

4. Belan Kumar Das S/o Budhu Das, All residents of Vill.- Chengakhar, P.S.- Fullidumar, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Adv. For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for petitioners and learned A.P.P. for the State.

Petitioners seek bail in Amarpur (Fullidumar) P.S. Case No. 376/2016, registered for the offences punishable under Section 302 and 34 of the Indian Penal Code.

Allegation against the accused persons is that they attempted to commit rape with the daughter of the informant. On protest, all the accused persons committed murder of informant's daughter by hanging.

It has been submitted that petitioners have falsely been implicated in this case due to previous enmity. Petitioners are covillagers. The deceased committed suicide. They have no concern

Patna High Court Cr.Misc. No.57516 of 2018 (3) dt.08-10-2018 2/3 with the family affairs of the deceased. Moreover, other coaccused have been granted bail by a coordinate bench of this court vide order dated 13.09.2018 passed in Cr. Misc. No. 45903/2018 Petitioners have no criminal antecedent. They are in custody since 25.07.2018.

Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged 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 Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 376/2016, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.

(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.57516 of 2018 (3) dt.08-10-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T