Uday Kumar @ Uday Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17595 of 2015 Arising Out of PS.Case No. -133 Year- 2014 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Uday Kumar @ Uday Singh, Son of Rudal Singh

2. Mantu Singh, Son of Rudal Singh

3. Rudal Singh, Son of Late Nand Lal Singh

4. Rasia Devi,Wife of Rudal Singh

5. Soni Kumari, Daughter of Rudal Singh All are resident of village - Kerai, Tola Sarpatti, P.S. Bibhutipur, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. U.L. Verma(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-09-2015 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioner Nos.1, 2, 4 and 5 are apprehending their arrest in connection with Bibhutipur P.S. Case No.133 of 2014 for allegedly having committed the offences under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners being the immediate in-laws, namely, brothers-inlaw, mother-in-law and the sister-in-law of the deceased Shivnath Prasad whose dead body was found hanging from a tree in his Sasural. Learned counsel for the petitioners further submits that save and except suspicion, there is no cogent evidence on record so as to implicate the petitioners with the

Patna High Court Cr.Misc. No.17595 of 2015 (3) dt.15-09-2015 2/2 death of said Shivnath Prasad in the area of his Sasural. It is submitted that the petitioners having cordial relation with the deceased and there is no conflict whatsoever; rather the deceased had come to his Sasural to attend the marriage ceremony of his brother-in-law.

Learned counsel for the State submits that save and except the allegations made in the F.I.R., there is no cogent material in the case diary so as to connect the petitioners with the present case.

Considering the aforementioned submissions, let Petitioner Nos.1, 2, 4 and 5, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 the learned Additional Chief Judicial Magistrate, Rosera, Samastipur, in connection with Bibhutipur P.S. Case No.133 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T