Rahul Mehta And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43644 of 2015 Arising Out of PS.Case No. -50 Year- 2013 Thana -PURAINI District- MADHEPURA ======================================================
1. Rahul Mehta, Son of Mahanand Mehta, Resident of Village- Nardah, P.S.- Puraini, District- Madhepura.
2. Sushil Mehta Son of Nageshwar Mehta, Resident of Village- Purani Kamla Tola, P.S. Puraini, District- Madhepura.
3. Pankaj Mehta @ Pankaj Singh Son of Rajendra Mehta, Resident of Village- Puraini, P.S. Puraini, District- Madhepura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2015 Heard the learned counsel for the petitioners and the learned counsel for the State.
The petitioners are languishing in custody since 25.07.2015 in connection with Puraini P.S. Case No.50 of 2013 for the offences instituted under Sections 302, 324, 307, 34 of the IPC and 27 of the Arms Act.
The prosecution story, in brief, is that on 17.04.2013 at 0.00 P.M., the informant was sleeping with his wife inside the rooms and his mother Bucho Devi now deceased was sleeping with informant's brother Abhinandan Mehta and informant's sister Kalpana Kumari at Verandah and informant's other sisters
Patna High Court Cr.Misc. No.43644 of 2015 (3) dt.10-11-2015 2/3 namely, Reena Kumari, Beena Kumari and Babita Devi were sleeping in another room and at about 01.00 A.M., the informant near sound of firing shot and when his younger brother, namely, Abhinandan Mehta, cried then the informant along with his wife came out then Abhinandan Mehta told the informant that some one fired shots at him and his mother then the informant saw that blood was oozing out from right side of Panjara and back of Abhinandan Mehta and blood was oozing out from the left side of her chest and back and informant's mother succumbed to her injuries.
It is submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. They are in custody since 25.07.2015. Chargesheet has been submitted in the case. There is no allegation of tempering with evidence against the petitioners. Petitioners' name have figured in the present case after one fact or the other petitioners are not named in the FIR. From perusal of paras 22, 24, 27 and 60 of the case diary, it would appear that the deceased has been done to death by the associates of husband of the deceased.
On behalf of the State, it is submitted that the petitioners are not named in the FIR.
Considering the aforesaid facts and circumstances, let all
Patna High Court Cr.Misc. No.43644 of 2015 (3) dt.10-11-2015 3/3 the three 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 the learned C.J.M., Madhepura in connection with Puraini P.S. Case No.50 of 2013.
(Sudhir Singh, J) Sanjeev/- U T