Mukesh Chaudhary And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.51943 of 2016 (3) dt.17-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51943 of 2016 Arising Out of PS.Case No. -197 Year- 2015 Thana -SIKANDARA District- JAMUI ======================================================
1. Mukesh Chaudhary S/o Kailash Chowdhary,
2. Tusiya Devi, W/o Late Birendra Chowdhary, resident of village - Bahadurpur, Police Station Sikandara, District - Jamui .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
Petitioner is in custody since 09.08.2016 in connection with Sikandara P.S. Case No. 197 of 2015 registered under Sections 302/34 of the Indian Penal Code.
3.
Accusation is of murder of the informant's son by his inlaws. 4.
Learned counsel for the petitioners has submitted that petitioner no.1 and petitioner no.2 are brother-in-law and wife of the deceased, respectively. There is general and omnibus allegation against these petitioners. No specific allegation has been leveled against these petitioners. From perusal of the F.I.R. itself, it is clear that the entire allegation has been leveled on the basis of suspicion as there is no eye witness to the occurrence. Petitioner No.2, Tusiya Devi have two
Patna High Court Cr.Misc. No.51943 of 2016 (3) dt.17-01-2017 children aged about three and one year, who are also in custody along with his mother. These petitioners are in custody for the last five months. Moreover, Co-accused, namely, Lalbatiya Devi, who is mother-in-law of the deceased has already been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 44639 of 2016 5.
Considering the facts and circumstances of the case and nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Jamui in connection with Sikandara P.S. Case No. 197 of 2015.
(Arvind Srivastava, J) brajesh/- U T