Ramanand Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5111 of 2017 Arising Out of PS. Case No. -171 Year- 2016 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Ramanand Thakur, S/o Late Jivlal Thakur,
2. Virendra Thakur, S/o Gulai Thakur, All are resident of Village- Lalpur, Nanhi Tola, P.S.- Chhatapur, District- Supaul. .... .... Petitioners
Versus
The State of Bihar. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in connection with Chhatapur P.S. case no. 171 of 2016 registered under Sections 302, 201/34 of the Indian Penal Code. Accusation is that in the evening of 12.06.2016 Chandeshwari Thakur, father of the informant, after taking dinner went at his door for sleeping, but in the morning he was not found at the door, then the informant started search of his father, but no whereabouts was found about him. In course of search, the dead body of the father of the informant was found in the field of Kumbh Nr. Sardar, situated behind the house of the informant. The informant raised suspicion against nine accused persons including the petitioners having hand in the murder of his father
Patna High Court Cr.Misc. No.5111 of 2017 (2) dt.18-03-2017 2/2 due to land dispute.
Learned counsel appearing on behalf of the petitioners submits that it appears from the F.I.R. that the deceased, the father of the informant, used to left the house without knowledge of the informant and his family members. He further submits that the father of the informant left the house on 12.06.2016, but the F.I.R. was lodged after recovery of the dead body, on 16.06.2016, after four days of leaving the house. He further submits that the present F.I.R. is lodged against nine accused persons, including the petitioners, only on suspicion due to land dispute and the petitioners have no criminal antecedent.
In the facts and circumstances of the case, in the event of arrest or surrender before the Court below within four weeks from today the above named petitioners 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 Additional Chief Judicial Magistrate-II, Supaul in connection with Chhatapur P.S. case no. 171 of 2016 subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Rajendra Kumar Mishra, J.) Uday/- U T