Manju Patel And ORS v. The State Of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36933 of 2015 Arising Out of PS.Case No. -267 Year- 2013 Thana -MAJORGANJ DistrictSITAMARHI ======================================================

1. Manju Patel son of Late Lakshan Patel

2. Rajesh Patel son of Manju Patel

3. Rakesh Patel son of Manju Patel

4. Kishori Patel son of Basudev Patel

5. Ram Jinish Patel son of Late Pitambar Patel

6. Jhingur Patel son of Basudev Patel

7. Lal Bachan Patel son of Late Pitambar Patel All are resident of village- Pachharwa Hanuman Nagar, P.S.- Mejorganj, District- Sitamarhi .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-08-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The accused-petitioners seek bail in a case registered for the offence punishable under Sections 302, 201, 120B/34 of IPC.

It is submitted that only suspicion has been raised against the petitioners in the fardbeyan of the informant. The specific allegation is against Jagarnath Patel and Bikau Patel, who were last seen with the deceased on 3.11.2013 and

Patna High Court Cr.Misc. No.36933 of 2015 (2) dt.13-08-2015 2/3 thereafter on 6.11.2013. The case has been lodged after recovery of the dead body of the deceased.

It is further submitted that Bikau Patel, who has been last seen with the deceased, has already been granted bail vide Cr. Misc. No. 26788 of 2015. Only suspicion has been raised against the petitioners and they have been in custody since 18.5.2015 having no criminal antecedents. However, after investigation charge-sheet has already been submitted and there is no chance of tampering with the witnesses. Considering the facts and circumstances, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in Majorganj P. S. Case No. 267 of 2013 with following conditions:-

1. The petitioners will not indulge themselves in similar or any other offence.

2. One of the bailors must be the close relative of the petitioners.

3. The petitioners will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail,

Patna High Court Cr.Misc. No.36933 of 2015 (2) dt.13-08-2015 3/3 their bail bonds would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T