Krishna Gope And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37410 of 2015 Arising Out of PS.Case No. -110 Year- 2014 Thana -KARAI PARSURAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Krishna Gope S/o Late Munna Gope

2. Upendra Gope, S/o Ram Pravesh Gope .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

On recovery of the dead body of cousin brother of the informant floating in a water channel, the present FIR was lodged against the petitioners suspecting the hands of the petitioners since earlier the petitioners threatened the victim in the background of land dispute.

It is submitted by learned counsel for the petitioners that only on suspicion, the petitioners have been implicated in this case whereas earlier co-accused Ram Babu Gope had lodged

Patna High Court Cr.Misc. No.37410 of 2015 (2) dt.15-09-2015 2/2 Karai P.S. Case No.120 of 2012 against the informant and others. The victim actually drowned in the river. On conclusion of investigation, the case was found false and final form was submitted and the petitioners were not sent up for trial but differing with the final form cognizance has been taken. Considering the suspicious nature of the accusation, the petitioners were not sent up for trial and statement has made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Hilsa (Nalanda) in connection with Karai Parsurai P.S. Case No.110 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T