Patna High CourtCR. MISC./57805/2018bail granted

Mohan Thakur And ANR v. The State Of Bihar

2018-10-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57805 of 2018 Arising Out of PS.Case No. -68 Year- 2017 Thana -RUDRAPUR District- MADHUBANI ======================================================

1. Mohan Thakur Son of Late Jaddu Thakur.

2. Riva Devi @ Nima Devi W/o Mohan Thakur. Both resident of MohallaDurga Sadan, Ward No.19, Vidyapati Nagar, P.S. Sadar, District- Saharsa. presently Address- At Village- Bagaul, P.S.- Babubrhi, DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioners, informant and the learned A.P.P. for the State.

The petitioners seek bail in Rudrapur P.S. Case No. 68/2017, instituted for the offences under Sections 302 and 201 of the Indian Penal Code.

It is alleged in the written report that on getting information that a dead body is lying in water near road, the informant/Chaukidar reached at the place of occurrence and found the dead body of unknown person.

Learned counsel for the petitioners has submitted that petitioners are not named in the written report. Their name has come during investigation on the ground that co-accused

Patna High Court Cr.Misc. No.57805 of 2018 (3) dt.29-10-2018 2/2 Sandeep Thakur had given the SIM along with mobile of the deceased to these petitioners. During investigation aforesaid SIM was recovered from possession of these petitioners. Petitioners are father and mother of aforesaid Sandeep Thakur. It is further submitted that petitioners had no knowledge that aforesaid SIM and mobile were looted articles. Sandeep Thakur is already in custody. Petitioners are in custody since 09.06.2018. Learned counsel for the informant has opposed the prayer for bail of petitioners. He has submitted that petitioners had knowledge that the aforesaid SIM and mobile are looted articles. Considering the aforesaid fact and circumstances, prayer of the petitioners for grant of bail is allowed.

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 learned Addl. Chief Judicial Magistrate IInd, Jhanjharpur in connection with Rudrapur P.S. Case No. 68/2017, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J.)