Awadhesh Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12760 of 2017 Arising Out of PS.Case No. -299 Year- 2015 Thana -FALKA District- KATIHAR ======================================================
1. Awadhesh Singh, S/o Late Dhorai Singh,
2. Ramanuj Singh, S/o Awadhesh Singh, Both are R/o Mahdatpur, P.S.- Naugachhia, Distt- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party/s : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-05-2017 Heard both sides.
The petitioners apprehend their arrest in Falka P.S. Case No. 299/2015, registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code. The informant named the petitioners and alleged that they were threatening to kill his mother and his mother was killed and her dead-body was thrown in a bamboo bush. Learned counsel for the petitioners submits that the informant is not an eye-witness of the occurrence. The dead-body of the informant was found in the bamboo bush in the next morning. Thereafter, the informant lodged the case making the petitioners and others accused in the present case on mere
Patna High Court Cr.Misc. No.12760 of 2017 (3) dt.15-05-2017 2/2 suspicion. Even during the course of investigation none of the witnesses have disclosed that the petitioners killed the mother of the informant.
It appears that on mere suspicion that too on account of land dispute the informant named the petitioners and there is no eye-witness of the occurrence.
Considering the facts aforesaid, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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, Katihar in connection with Falka P.S. Case No. 299/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T