Brahmdeo Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46770 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -SANGRAMPUR District- MUNGER ======================================================
1. Brahmdeo Das, Son of late Bhakur Das.
2. Jagdish Das, Son of Saryug Das.
3. Prakash Das, Son of late Thakur Das .
4. Ghanshyam Das Son of Jagdish Das.
All residents of Village Jagatpura, P.S. Sangrampur (Tetia Bumbar) District Munger.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------------ 15-02-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Sangrampur P.S. Case No.85 of 2015 registered under Sections 147, 148, 149, 323, 307, 379, 341, 325, 326, 506/34 and later on added Section 302 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. that regarding the occurrence said to be taken place on 27.04.2015 causing assault to the deceased Birendra Das, the husband of the complainant/ informant, the Complaint Case No.584 of 2015 was filed by the
Patna High Court Cr.Misc. No.46770 of 2015 (3) dt.15-02-2016 2/2 complainant/informant on 22.06.2015, which was sent under Section 156(3) of the Code of Criminal Procedure for institution of the case and, accordingly, the present F.I.R. was lodged. It is further submitted that regarding the said delay in filing the complaint petition on 22.06.2015 for the occurrence said to be taken place on 27.04.2015 no explanation has been given. Moreover, Birendra Das, the husband of the complainant/informant died on 18.08.2015 at his house but no post-mortem of his dead body was held. In fact, Birendra Das, the husband of the complainant/informant died of natural death but due to filing of the Complaint Case No.378C of 2015 by Bhadvi Devi, the mother of the petitioner no.1, against the husband of the informant and others, the complainant/informant has lodged this false case only to put undue pressure upon the petitioners. The petitioners are in custody since 03.08.2015.
Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Ranjan Kumar Mishra, Judicial Magistrate, First Class, Munger, in connection with Sangrampur P.S. Case No.85 of 2015. (Rajendra Kumar Mishra, J) P.S./- U T