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Patna High CourtCR. MISC./28466/2016bail granted

Kundan Sah @ Kundan @ Ranjan Sah @ Ranjan Gond v. The State Of Bihar

2016-09-30Mr. Justice Hemant Kumar Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28466 of 2016 Arising Out of PS.Case No. -157 Year- 2015 Thana -NAUTAN District- SIWAN ====================================================== Kundan Sah @ Kundan @ Ranjan Sah @ Ranjan Gond son of Manbodh Sah @ Manoj Sah @ Manoj Gore Resident of Village - Sikuara, Police Station - Nautan, District - Siwan.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== with Criminal Miscellaneous No.30319 of 2016 Arising Out of PS.Case No. -157 Year- 2015 Thana -NAUTAN District- SIWAN ====================================================== Osihar Singh son of Sri Bramha Singh resident of Village Sikaura, Police Station Navtan and District Siwan .... .... Petitioner

Versus

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

(In Cr.Misc. No.28466 of 2016) For the Petitioner/s : Mr. Raghav Prasad. For the Opposite Party/s : Smt. Veena Rani Prasadd. (In Cr.Misc. No.30319 of 2016) For the Petitioner/s : Mr. Shyam Narayan Pandey For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-09-2016 Both the above stated petitions have arisen out of Nautan P.S. Case No. 157 of 2015 registered for the offences punishable under Section 302/34 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of

Patna High Court Cr.Misc. No.28466 of 2016 (3) dt.30-09-2016 2/3 by this common order.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are named in the first information report and it is alleged that petitioner, Osihar Singh took the deceased from his house and subsequently, informant heard the sound of cry and went near the place of occurrence where she found petitioners and others standing there having armed with deadly weapons. The petitioners and their associates asked her to leave the place otherwise she would also be killed.

In course of investigation, the further statement of informant was recorded at para-22 of the case diary in which she specifically stated that co-accused, Hare Ram Sah and Hare Ram Singh were assaulting her husband and so far as petitioners are concerned, it is alleged that petitioner, Osihar Singh was flashing the torch whereas petitioner, Kundan Sah had caught the hands of the deceased. Moreover, co-accused, Hare Ram Sah and Hare Ram Singh have already been granted privilege of bail by different Benches of this Court.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.28466 of 2016 (3) dt.30-09-2016 3/3 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IX, Siwan in connection with Nautan P.S. Case No. 157 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T