Jumman Gadi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43787 of 2017 Arising Out of PS.Case No. -27 Year- 2016 Thana -NAURANGIYA District- WESTCHAMPARAN (BETTIAH) ======================================================

1. Jumman Gaddi, Son of Bishwanath Gaddi, R/o Village- Chakdahwa.

2. Paras Pahalwan @ Paras Son of Ramanath Sahni @ Ram Nath Chaudhari, R/o Village- Rehua Bhedihari, Both are P.S.- Valmikinagar, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2017 Heard both sides.

The petitioners apprehend their arrest in Naurangiya P.S. case No. 27 of 2016 under Section 302, 201, 120B/34 of the Indian Penal Code.

The informant, wife of the deceased, alleged that her husband left his house on 22.06.2016 but he did not return. On 28.06.2016 the dead body of her husband was found. The informant suspected that petitioners and others might have killed her husband.

The learned counsel for the petitioners submits that the informant made statement under Section 164 of the Cr. P. C.

Patna High Court Cr.Misc. No.43787 of 2017 (2) dt.21-09-2017 2/2 and she disclosed that she got suspicion that petitioners and others might have killed her husband. 17 other accused persons, namely, Gulab Ansari, Bikram Bin and others have already been granted anticipatory bail vide order dated 02.03.2017 passed in Cr. Misc. No. 1630 of 2017. The case of petitioners stands exactly on the same footing.

Considering the facts that save and except suspicion there is no material against the petitioners and similarly situated other accused persons have already been granted anticipatory bail, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, West Champaran, Bettiah in connection with Naurangiya P.S. case No.27 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T