Sheo Shankar Pandit And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55562 of 2015 Arising Out of PS.Case No. -292 Year- 2014 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Sheo Shankar Pandit & Anr.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 14-12-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners, namely, Sheo Shankar Pandit and Bishwanath Pandit are in custody in Udwant Nagar P.S. Case No.292 of 2014 under Sections 302 and 201/34 of the Indian Penal Code.

According to the prosecution case, the informant lodged F.I.R. that the accused persons including the present petitioners had taken the son of the informant to Delhi and there they killed him. Further it is alleged that the accused Sheo Shankar Pandit had taken loan of Rs.10,000/- from the son of the informant and on demand the accused persons killed him.

According to the learned counsel for the petitioners, the son of the informant was doing job at Faridabad in Haryana State

Patna High Court Cr.Misc. No.55562 of 2015 (2) dt.14-12-2015 and he was found dead because of intoxication/disease. Postmortem was conducted by the police and thereafter on information the informant with others went there and cremated the dead body with the help of the social workers.

On the other hand, the learned A.P.P. objected the prayer.

From perusal of the Post-mortem report (Annexure 5), it appears that the Post-mortem was conducted at B.K. Hospital, Faridabad. The cause of death has been shown to be extensive lung disease which is ante-mortem in nature and sufficient to cause death in ordinary course of nature.

In view of the above facts and circumstances of the case I direct the petitioners named above to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwant Nagar P.S. Case No.292 of 2014.

(Mungeshwar Sahoo, J) Harish/- U