Jhun Bhuiyan @ Bhun Bhuiyan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54076 of 2016 Arising Out of PS.Case No. -23 Year- 2015 Thana -IMAMGANJ District- GAYA ====================================================== KOSHILA DEVI @ KAUSHALYA DEVI, Wife of Awadhesh Mistry, Resident of village - Shankarpur Tola, Dighasin, P.S. Imamganj, District - Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.53020 of 2016 Arising Out of PS.Case No. -23 Year- 2015 Thana -IMAMGANJ District- GAYA ======================================================
1. Jhun Bhuiyan @ Bhun Bhuiyan,
2. Rajendra Bhuiyan,
3. Videshi Bhuiyan all sons of Late Bandhu Bhuiyan
4. Sraban Bhuiyan @ Shravan Bhuiyan, son of Late Jitan Bhuiyan
5. Mahendra Bhuiyan, son of Late Bifan Bhuiyan, all are resident of Village- Shankarpur, Jin Tola, P.S.- Imamganj, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.54076 of 2016) For the Petitioner/s :
Mr. Shivendra Prasad For the Opposite Party/s :
Mr. Sri Ashok Kumar Singh (In Cr.Misc. No.53020 of 2016) For the Petitioner/s :
Mr. Shivendra Prasad For the Opposite Party/s :
Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners are accused in connection with Imamganj P.S. Case 23 of 2015 registered under Sections 302, 201, 120B read with section 34 of the I.P.C.
Patna High Court Cr.Misc. No.54076 of 2016 (3) dt.15-02-2017 2/2 Learned counsel for the petitioners submits that petitioners have been named in the FIR only on suspicion. There is no eye witness to the alleged occurrence. Nothing has come during investigation to show the complicity of these petitioners. No independent witness has supported the prosecution case against these petitioners. Petitioners have no criminal antecedent and are in custody since 19/25.07.2016.
Having considered the facts and circumstances of the case, let the petitioners of Cr. Misc. No. 53020 of 2016, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Imamganj P.S. Case No.23 of 2015 .
As regards prayer for bail of the petitioner in Cr. Misc. No. 54076 of 2016, namely, Kaushalya Devi, considering the nature of allegations levelled against her, her prayer for grant of bail is rejected. However, she may renew his prayer for bail after framing of charge.
(Arvind Srivastava, J) Manish/- U T