Sudhir Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55602 of 2015 Arising Out of PS.Case No. -96 Year- 2015 Thana -HASPURA District- AURANGABAD ======================================================

1. Sudhir Kumar Son of Janardan Yadav

2. Jamuna Singh Son of Ramdas Singh Both are residents of village - Dihuri Tola Mathiya, P.S. Haspura, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-12-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code. The prosecution case is that the victim Roshani Kumari developed some illicit relationship with the brother-in-law of her parental brother which was witnessed by the petitioners and other co-accused persons when they made protest but she refused to withdraw her from such activities and hence, she was killed and dead body was disposed of. It is submitted by learned counsel for the petitioners that only on suspicion the accusation has been

Patna High Court Cr.Misc. No.55602 of 2015 (2) dt.08-12-2015 2/2 levelled. The informant being Police Officer lodged the case after 25 days of the death. Kanti Devi, the mother of the victim, has been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 42167 of 2015 where it has been recorded that during investigation in paragraph nos. 27, 28, 29 and 30 of the case diary it transpired that the victim died due to illness. The petitioners are brother and co-villager of the victim. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the delayed and suspicious nature of accusation, let the above named petitioners be released on anticipatory bail, in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Daudnagar, District - Aurangabad in connection with Haspura P.S. Case No. 96 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T