Kameshwar Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32124 of 2016 Arising Out of PS.Case No. -183 Year- 2015 Thana -PARSA BAZAR District- PATNA ======================================================

1. Kameshwar Das

2. Karu Das Both Sons of Musafir Das, resident of Village: Simra, P.S: Parsa Bazar District Patna.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Kumar Vikramdeo Singh Mr. Sada Nand Roy For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

18-08-2016 Heard Sri Kumar Vikramdeo Singh, learned counsel, who was assisted by Sri Sada Nand Roy, learned counsel for the petitioner and Sri Kumar Virendra Narayan, learned Addl. Public Prosecutor.

Two petitioners, who are in custody in Parsa Bazar P.S. Case No. 183 of 2015 registered for offences under Sections 302/34 of the Indian Penal Code, have prayed for grant of bail. By way of referring to the facts disclosed in the F.I.R., learned counsel for petitioners submits that the informant himself has made statement on 31-10-2015 that the occurrence had taken place on 17-10-2015, in which, father of the informant was assaulted by petitioners and others. He submits that in the F.I.R.,

Patna High Court Cr.Misc. No.32124 of 2016 (2) dt.18-08-2016 2/3 there is no allegation as to how the father of the informant was assaulted, only a vague allegation has been made. He further submits that occurrence as per F.I.R. had taken place on 17-10-2015, on the same date, the father of the informant was treated in a hospital and thereafter, same day, he was referred to P.M.C.H. and subsequently, he was discharged from the hospital. After lapse of few days, the father of the informant again raised some complaint and thereafter, he was carried to P.M.C.H. and during treatment, he died on 30-10-2014. He further submits that though, as per F.I.R., the occurrence had taken place on 17-10-2014, nothing was reported to the police. Learned Addl. Public Prosecutor has opposed the prayer for bail.

In view of the facts and circumstances, particularly the fact that as per F.I.R., occurrence had taken place on 17-10-2014 and no reason has been assigned regarding belated information to the police, the Court considers that it is a fit case for grant of bail.

Accordingly, let both the petitioners namely Kameshwar Das and Karu Das 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 Smt. Gayatri Kumari,

Patna High Court Cr.Misc. No.32124 of 2016 (2) dt.18-08-2016 3/3 learned Judicial Magistrate 1st Class, Patna in connection with Parsa Bazar P.S. Case No. 183 of 2015.

(Rakesh Kumar, J.) Anay U T