Ravina Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7686 of 2021 Arising Out of PS. Case No.-173 Year-2019 Thana- SANGRAMPUR District- Munger ====================================================== 1.
RAVINA KUMARI WIFE OF NANDU PASWAN, D/O DAYANAND TANTI 2.
Nandu Paswan S/o Shambhu Paswan both R/o Village/Muhalla- Kathna, P.S.- Kharagpur, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjiv Kumar Singh, Adv.
For the Opposite Party/s :
Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners seek bail in a case registered for the offence punishable under Sections 302, 201 of the Indian Penal Code.
As per the FIR lodged by one Dharmendra Bind, the dead body of Jai Karan Kumar who was missing since 02.10.2019 was found lying in a Bahiyar on 05.10.2019. Said deceased was engaged as a worker in decoration work and some unknown people had killed him.
Learned counsel for the petitioners submits that petitioners are innocent, not named in the FIR and have been
Patna High Court CR. MISC. No.7686 of 2021(2) dt.22-06-2021 2/3 falsely implicated in this case. He submits that there is no material against the petitioners. He submits that on perusal of the case record, it reveals that petitioners are not FIR named accused but their complicity came in this case on the basis of confessional statement in which they have confessed their guilt. He submits that the similarly situated co-accused has been granted bail by coordinate Benches of this Court as annexed at Annexure 2 series. He further submits that petitioners are languishing in judicial custody since 26.10.2019. In the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Munger in connection with Sangrampur (Tetia Bumber) P.S. Case No. 173 of 2019, subject to the condition as laid down under section 437(3) Cr.P.C. as under:
(1) that such person shall attend in accordance with the conditions of the bond executed under this Chapter.
(2) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected and
(3) that such person shall not directly or indirectly
Patna High Court CR. MISC. No.7686 of 2021(2) dt.22-06-2021 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(Anjani Kumar Sharan, J) devendra/- U T