Santosh Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54533 of 2016 Arising Out of PS.Case No. -85 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Santosh Ram, Son of Mahendra Ram,

2. Ashok Ram, Son of Mahendra Ram,

3. Usha Devi, Wife of Santosh Ram,

4. Raj Kumari Devi, Wife of Mahendra Ram, All resident of VillageKamaljari, P.S. Gamharia, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Smt. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2017 The petitioners are apprehending their arrest in connection with Gamharia P.S. Case No. 85 of 2016, registered for offences punishable under Sections 302/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is nothing against the petitioner in the entire case diary except suspicion as prior to the present occurrence; a scuffle has taken place between the parties. Even during the course of investigation, nothing has come against these petitioners except the hearsay of witnesses.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioners above named, in the

Patna High Court Cr.Misc. No.54533 of 2016 (3) dt.30-01-2017 2/2 event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail till submission of charge-sheet in this case, on furnishing bond of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar Singh-III, ACJM-V, Madhepura in connection with Gamharia P.S. Case No. 85 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

It is further subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the court concerned and petitioners shall cooperate in the investigation and make themselves available as and when required by the police. It is also made clear that once the charge-sheet in this case is filed, the petitioners will have to surrender before the Court below and pray for regular bail, which will be considered by the learned court below on the basis of materials available before him at that point of time.

(Vinod Kumar Sinha, J) sunil/- U