Ravindra Prasad@ Ravindra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.44872 of 2015 (3) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44872 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -NARHAT District- NAWADA ======================================================

1. Ravindra Prasad @ Ravindra Kumar son of Baleshwar Mahto, resident of village- Kopin, P.S. Sitamarhi, Dist- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.50613 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -NARHAT District- NAWADA ======================================================

1. Surendra Prasad son of Sukh Lal Mahto resident of village - Balwapar P.S. Nardiganj, district Nawadah.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

(In Cr.Misc. No.44872 of 2015) For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. J.N.Thakur(App) (In Cr.Misc. No.50613 of 2015) For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01.02.2016 Both the above stated petitions arise out of Narhat (Sitamarhi) P.S. Case no. 59/2015 registered under section 302/34 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Patna High Court Cr.Misc. No.44872 of 2015 (3) dt.01-02-2016 Marriage of the deceased had taken place ten years ago and petitioner in Cr. Misc. no. 44872/2015 happens to be husband of the deceased. So far as petitioner in Cr. Misc. no. 50613/2015 is concerned, he is Nandoshi of the deceased.

Admittedly, none has seen the actual killing of the deceased and it is stated by the witnesses in course of investigation that petitioner in Cr. Misc. no. 44872/2015 as well as deceased used to quarrel with each others.

No doubt, some injuries were found on the person of the deceased but submission on behalf of the petitioner in Cr. Misc. no. 44872/2015 is that deceased had fallen as a result of which she sustained injuries and she was about to take hospital by petitioner in Cr. Misc. no. 44872/2015 but in the meantime, police reached there and implicated the petitioner in the alleged crime. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation of this case has already been completed and no one has claimed to have seen the alleged occurrence, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Nawada in Narhat (Sitamarhi) P.S. Case no. 59/2015.

shahid (Hemant Kumar Srivastava,J) U T