Amarjeet Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13146 of 2015 Arising Out of PS.Case No. -246 Year- 2014 Thana -KHODAWANPUR District- BEGUSARAI ======================================================

1. Amarjeet Thakur Son of Ram Bilas Thakur

2. Satya Narayan Mahto Son of Ramotar Mahto Both are Resident of Village- Nurullapur, P.S.- Khodawantpur, District- Begusarai. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Pritish Kumar Lal For the Opposite Party : Mr. Sanjay Kr. Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-04-2015 Petitioners are languishing in custody since 27.01.2015 in a case registered for the offences punishable under Sections 302/34, 307, 323, 325, 328, 341 of the I.P.C. It is alleged that husband of the informant went in the company of the petitioners on 09.11.2014 in the evening. Subsequently at 1:00 A.M in the night the husband of the informant was brought by the miscreants in a precarious condition. The victim was thereafter taken to the Deo Nursing Home, Samastipur and after four days of the treatment, he was referred to Patna. He remained at Patna on 16.11.2014. Thereafter the informant took her husband to his village home but on 17.11.2014 the husband of the informant died. Thereafter the First Information Report was registered on 17.11.2014 making accusation that these petitioners administered liquor mixed poison to the husband of the

Patna High Court Cr.Misc. No.13146 of 2015 (2) dt.06-04-2015 2/2 informant.

It is submitted by learned counsel for the petitioners that the victim received injury due to the fall in intoxicated condition but he died due to lack of adequate treatment. The bona fide of the petitioners is apparent from the fact that the victim was reached home by the petitioners. Moreover the First Information Report was registered after the death of the victim and about eight days of the actual occurrence.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the delayed lodging of the case and death at the house of the informant after several days of treatment, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Khodawandpur P.S. Case No. 246 of 2014.

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