Upendra Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28975 of 2014 Arising Out of PS.Case No. -105 Year- 2014 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================
1. Upendra Sah
2. Dilip Sah, both S/o Bishwanath Sah, R/o Village - Bidupur, P.S. Bidupur, District - Vaishali .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rina Sinha, Adv. For the Opposite Party/s : Mr. Raj Kishor Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners, apprehending their arrest in connection with Bidupur P.S. Case No. 105 of 2014 registered for the offences punishable under Sections 302 and 406/34 of the Indian Penal Code, seek the privilege of pre-arrest bail. Allegedly, the husband of the informant was killed after pushing him in a well.
Submission is of false implication and that after realizing the informant has appeared in the court of the Chief Judicial Magistrate, Vaishali and filed a petition stating therein that she has not named the petitioners in the First Information Report. She has also stated that her husband after taking wine fell into the well and died. The witnesses during investigation have
Patna High Court Cr.Misc. No.28975 of 2014 (3) dt.27-01-2015 also supported the same fact. The learned A.P.P. submits that it reveals that the informant has compromised the case outside the court and as such, she is not ready to support the prosecution version.
In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in connection with Bidupur P.S. Case No. 105 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.) Vats/- U T