Runa Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52062 of 2018 Arising Out of PS.Case No. -92 Year- 2018 Thana -BAKHTIARPUR District- SAHARSA ======================================================

1. Runa Devi, W/o Shushil Yadav,

2. Shushil Yadav S/o Ramsharan Yadav,

3. Ramsharan Yadav S/o Late Lakhan Yadav, All are R/o Vill.- Metkharha, P.S.- Bakhtiyarpur, O.P. Kaneriya, District- Saharsa. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 342, 302, 201/34 of the Indian Penal Code.

The prosecution case, in brief, is that Gaurav Kumar, son of the informant was poisoned to death by the accused persons. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other

Patna High Court Cr.Misc. No.52062 of 2018 (2) dt.27-09-2018 substantial evidence to suggest the implication of the petitioners in the present case. There is no eye witness of the alleged occurrence. The petitioners have been made accused due to mistake of fact. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S. Case No. 92 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T