Santosh Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29930 of 2018 Arising Out of PS.Case No. -57 Year- 2018 Thana -BANIAPUR District- SARAN ======================================================

1. Santosh Ram, S/o Tukar Ram,

2. Seema Devi, W/o Santosh Ram, both are residents of Vill.- Kamta, P.S.- Baniapur, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 02-07-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Baniapur P.S. Case No.57 of 2018 registered for the offences punishable under Section 302/34 of the Indian Penal Code. The informant of this case is wife of the deceased. She has alleged that in the night of 20.2.2018, 3-4 unknown persons came at her house and committed murder of her husband. On alarm of her son, she along with her family members came out from the house and saw 3-4 persons fleeing away. However, none of the family members identified any of the accused. It is alleged that on 20.02.2018 a panchayati was held in which an

Patna High Court Cr.Misc. No.29930 of 2018 (3) dt.02-07-2018 altercation took place between her husband and the petitioners. It has been submitted that the petitioners and informant are resident of same village. The informant claims that she saw the accused persons fleeing away but neither she nor any of her family members claim to identify the miscreants. The witnesses in course of investigation have simply stated that the altercation had taken place between the deceased and the petitioners and except this there is nothing against the petitioners. The petitioners are in custody since 21.02.2018 having clean antecedent and so they deserve bail.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M. XI, Saran at Chapra in connection with Baniapur P.S. Case No.57 of 2018. (Sanjay Kumar, J) Harish/- U