Sonu Tiwari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50757 of 2016 Arising Out of PS.Case No. -328 Year- 2015 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sonu Tiwari S/o Uday Raj Tiwari

2. Tapan Tiwari, S/o Ragho Tiwari,

3. Hiramati Devi, W/o Jardhan Dubey,

4. Priti Kumari, D/o Arbind alias Jaradhan Dubey, All R/o Bishunpurwa, P.S.- Shikarpur, Dist- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Shikarpur P.S. Case No. 328 of 2015 registered under Sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code.

The accusation is that 9 persons, named in the F.I.R., came at the door of the informant Surendra Tiwary @ Suman Tiwary. At that time, Vikash Tiwary caused injury through farsa near his eye. When his mother, Lalsa Kunwar and other family members rushed to save the informant then they also assaulted them. In the night, Lalsa Kunwar died due to injury.

Patna High Court Cr.Misc. No.50757 of 2016 (3) dt.06-12-2016 2/2 Learned counsel appearing on behalf of the petitioners submits that petitioners are not named in the F.I.R. Their names have been disclosed by the informant in course of investigation in his re-statement. Further, submission is that in the Postmortem Report, only superficial injury and abrasion were found on ankle and eyebrow of the deceased Lalsa Kunwar, mother of the informant and the cause of death was shown due to Myocondial infraction. Moreover, Nagendra Tiwari and 5 others, named in the F.I.R., have already been allowed anticipatory bail vide Cr. Misc. No. 44225 of 2015 by a Bench of this Court on 16.12.2015.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Bettiah, West Champaran at Bettiah in connection with Shikarpur P.S. Case No. 328 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T