Prabhat Ram And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29635 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Prabhat Ram, Son of Laxman Ram

2. Panchu Ram, Son of Late Saryu Ram Both are resident of Village- Ram Colony, Chhagania (Belwa), Police Station- Kishanganj in the district of Kishanganj.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Dinesh Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-10-2015 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Kishanganj P.S.Case No. 70 of 2015 registered under Sections 302 and 34 of the Indian Penal Code. Earlier case diary in the present case was called for, which has since been received.

Learned counsel for the petitioners submits that save and except the bald allegation that the petitioners used to visit the house of Geeta Devi, to whose house the petitioners had gone to visit at the late hours of the night, there is no other cogent material on the record so as to substantiate the suspicion leveled against

Patna High Court Cr.Misc. No.29635 of 2015 (3) dt.07-10-2015 these petitioners.

Learned counsel for the State after perusal of the case diary submits that all other witnesses have repeated the statement made by the informant as narrated to them by her. Admittedly there is no eye-witness to the occurrence.

Considering the aforementioned facts and circumstances and that the case is based on mere suspicion and the petitioners are men of clean antecedent, let these petitioners, above named, in the event of their arrest/surrender in the court below within a period of four 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/- (Rupees ten thousand) each with two sureties of the like amount each in connection with Kishanganj P.S.Case No. 70 of 2015, corresponding to G.R.No. 326 of 2015, to the satisfaction of the Chief Judicial Magistrate, Kishanganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) spal/- U