Ram Swaroop Bhuiyan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57018 of 2018 Arising Out of PS.Case No. -76 Year- 2018 Thana -MADANPUR District- AURANGABAD ======================================================
1. Ram Swaroop Bhuiyan, S/o Late Ramdas Bhuiyan,
2. Sunil Bhuiyan S/o Ram Pravesh Bhuiyan,
3. Ranjeet Bhuiyan S/o Ram Swaroop Bhuiyan,
4. Kabita Devi D/o Ram Swaroop Bhuiyan, All are R/o Vill.- Pathak Bigha, P.S.- Madanpur, District- Aurangabad.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mrs. Pronati Singh, 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 Madanpur P.S. Case No. 76/2018, registered for the offences punishable under Section 302 and 34 of the Indian Penal Code.
Allegation against the accused persons (in-laws of the deceased) is that they committed murder of his sister-in-law (Sali) by cutting her neck and back by means of sharp-edged weapon. It has been submitted that petitioners have falsely been implicated in this case on the basis of suspicion. There is no eyewitness of the occurrence. They are living separately and have no concern with the family affairs of the deceased. Petitioners have no criminal antecedent. They are in
Patna High Court Cr.Misc. No.57018 of 2018 (3) dt.08-10-2018 2/2 custody since 06.04.2018.
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, Aurangabad in connection with Madanpur P.S. Case No. 76/2018, 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, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Vinita/- U T