Bholu Jha @ Bhola Jha @ Saurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2498 of 2016 Arising Out of PS.Case No. -244 Year- 2015 Thana -BRAHMPURA District- MUZAFFARPUR ====================================================== Manjeet Kumar, Son of Sri Deepak Prasad, Resident of Mohalla - Brahmpura Tole, Krishna Tole, P.S. - Brahmpura, District - Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.5853 of 2016 Arising Out of PS.Case No. -244 Year- 2015 Thana -BRAHMPURA District- MUZAFFARPUR ====================================================== Bholu Jha @ Bhola Jha @ Saurav Kumar, Son of Shri Lalan Jha, Resident of Mohalla- Rahul Nagar, P.S. Brahmpura District- Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.2498 of 2016) For the Petitioner : Mr. Yugal Kishore For the Opposite Party : Mr. M.K.Nirala(App) (In Cr.Misc. No.5853 of 2016) For the Petitioner : Mr. Bhavesh Kumar For the Opposite Party : Mr. Lallan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-03-2016 Both the aforesaid applications arise out of the Brahmapura P.S. Case No. 244 of 2015, registered under Sections 147, 148, 149, 341, 323, 325, 307, 385, 427 and 302 of Indian Penal Code. Therefore, both the aforesaid applications have been heard together and are being disposed of by this common order. The accusation is of causing assault to the Ramendrajee, son of the informant and snatching of his gold
Patna High Court Cr.Misc. No.2498 of 2016 (3) dt.16-03-2016 2/2 chain and cash of Rs. 60,000/- due to refusal of paying the ransom of Rs. 50,000/- by petitioners and other accused named in the F.I.R., who died later on in course of treatment. Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. that the informant is not eye-witness of the occurrence. In paragraph Nos. 6, 7 and 16 witnesses Kunal Singh, Umesh Kumar and deceased Ramendra have made general allegation of assault and there is no specific overt act against the petitioners. Moreover, the occurrence is said to be of 19.09.2015, but the injured Ramendrajee died on 13.11.2015 in course of treatment and the cause of death is said to be septicemia as a result of infection to multiple internal organ. The petitioners having no criminal antecedent and they are in custody since 23.11.2015 and 27.10.2015, respectively.
Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Brahmapura P.S. Case No. 244 of 2015. (Rajendra Kumar Mishra, J.) manish/- U T