Sanoj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47584 of 2017 Arising Out of PS.Case No. -230 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Sanoj Kumar

2. Ramanuj Kumar, Both are Sons of Rajendra Prasad, Resident of villageDevkuli Math, P.S.- Makhdumpur, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Makhdumpur (Tehta O.P.) P.S. Case No. 230 of 2016, registered under Sections 302/120(B) of the Indian Penal Code. The accusation is that, on 14.09.2016, at about 10 P.M., Chandradeo Yadav, father of the informant, was sleeping at the 3rd floor of the house. On next day in the morning, dead body of his father was found hanging with the roof. The informant raised suspicion against Ramanand Prasad, his both Sons, Amrendra Kumar and Dharmendra Kumar and Sanoj Kumar (petitioner no.1), Ramanuj Kumar (petitioner no. 2) and Mamish

Kumar, brother-in-laws of Amrendra Kumar, having hand in the murder of his father.

Learned counsel for the petitioners submits that, in fact, petitioners and one Manish Kumar are the brother-in-laws of Amrendra Kumar, son of Ramanand Prasad, who is the agnate of informant, due to that reason they have falsely been implicated in this case. Moreover, informant is not the eye witness to the occurrence rather he disclosed the name of his agnates, Ramanand Prasad and his two sons, Amrendra Kumar and Dharmendra Kumar and petitioners and one Manish Kumar, who are brotherin-law of Amrendra Kumar. The police on investigation while submitted the charge sheet against Ramanand Prasad, Amrendra Kumar and Manish Kumar and submitted the final form against the petitioners, but the learned Chief Judicial Magistrate, Jehanabad took the cognizance against the petitioners.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur (Tehta O.P.) P.S.

Case No. 230 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T