Jai Kishun Roy And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58215 of 2015 Arising out of PS. Case No. -86 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Jai Kishun Roy, Son of Late Bhutlan Roy.

2. Khusabu Devi, Son of Jai Kishun Roy, resident of Village: Bayarmuri, P.S. Siwaipatti, District- Muzaffarpur, At Present Village + P.S. Mushahari, District- Muzaffarpur.

3. Lalu Roy.

4. Mahesh Roy Both 3 and 4 son of Late Sukhdeo Roy, resident of village + P.S.- Mushahri, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saroj Kumar, Advocate For the Opposite Party/s : Mr. R.B.Roy Raman (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 29-01-2016 Heard the parties.

The petitioners are in custody in connection with Sessions Trial No. 544 of 2015 arising from Mushahari P.S. Case No. 86 of 2015 for offence punishable under Sections 302, 120B and 201 of the Indian Penal Code.

Learned counsel for the petitioners with reference to the FIR has submitted that the informant charging the petitioner no. 1 of issuing threat to kill his brother a year back has charged him of causing his death while mentioning that his brother informed him telephonically that he shall come home after meeting the petitioner no. 1. It is submitted by learned counsel for the petitioners that on

Patna High Court Cr.Misc. No.58215 of 2015 (2) dt.29-01-2016 grounds that a death threat was given a year back, that the petitioners have been roped in the present case in absence of any evidence connecting the petitioner with the alleged offence. Having heard learned counsel for the parties and considering the circumstances existing, let the petitioners, namely,

(1) Jai Kishun Roy; (2) Khusabu Devi; (3) Lalu Roy; and (4) Mahesh Roy be released on bail upon each one of them individually furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Sessions Judge, Muzaffarpur in connection with Sessions Trial No. 544 of 2015 arising from Mushahari P.S. Case No. 86 of 2015 subject to the condition that the petitioners shall be personally present before the trial court on each and every date fixed in the trial and their failure to do so on two consecutive date without reasonable explanation to the satisfaction of the trial court would entitle the court below to cancel the bail bond(s) of the defaulting petitioner(s) and to take him/her into custody. (Jyoti Saran, J) S.Sb/- U T