Begu Mahto @ Vigu Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52289 of 2015 Arising Out of PS.Case No. -300 Year- 2014 Thana -BANIAPUR District- SARAN ======================================================
1. Begu Mahto @ Vigu Mahto
2. Ashok Mahto Both sons of Madan Mahto, resident of village- Sohai Gajan, Police Station- Baniyapur ,District Chapra (Saran) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek bail in connection with Baniyapur P.S.Case No.300 of 2014 registered under Sections 302 and 201 read with 34 of the Indian Penal Code.
It has been contended that there is no eye witness of the alleged occurrence and the names of the petitioners have been given in the FIR merely on the basis of information given by one Rani Devi, but during investigation the police have not recorded the statement of Rani Devi. It has been further contended that during course of investigation neither the statement of co-villager Samshuddin Miyan, who went to call the informant from her
Patna High Court Cr.Misc. No.52289 of 2015 (3) dt.30-01-2016 2/2 parental house nor the statement of any co-villager, who used to reside at the place of occurrence, was recorded in support of the prosecution case.
Learned counsel for the State has contended that the informant has instituted the case on the basis of information received by her sister-in-law Rani Devi. However, on perusal of the case diary he concedes that the statement of Rani Devi has not been recorded by the investigating officer of the case. Regard being had to the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Baniyapur P.S. Case No.300 of 2014.
(Ashwani Kumar Singh, J) Md.S./- U T