Kanti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46561 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -JAMOBAZAR District- SIWAN ======================================================

1. Kanti Devi wife of Goutam Prasad Yadav

2. Jyoti Paswan @ Jotish Kumar son of Lalan Manjhi

3. Sintu Kumar @ Abhisek Son of Goutam Prasad Yadav All Resident of Village-Gopalpur, P.S. Jamo Bazar, District Siwan.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2017 Heard both sides.

The petitioners apprehend their arrest in Jamo Bazar P.S. case No. 11 of 2016 under Section 302/34 of the Indian Penal Code.

The informant suspected that petitioners might have killed Gopichand Choudhary as Kanti Devi earlier quarreled with Gopichand Choudhary.

The learned counsel for the petitioner submits that there is no eye witness of the occurrence. Save and except suspicion, there is no material on record to show that the petitioners killed Gopichand Choudhary by strangulating him. From the post mortem report it appears that there is neither any external nor any internal injury and opinion with regard to cause of death was reserved and viscera was sent to FSL for

Patna High Court Cr.Misc. No.46561 of 2016 (3) dt.12-01-2017 2/2 examination.

It appears that informant on mere suspicion alleged that petitioners might have killed the deceased by strangulating him but there is no tangible material on record to show that deceased was strangulated to death. The post mortem report does not support the version of the prosecution.

Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, 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 Sri A. K. Gupta, the learned Judicial Magistrate, Siwan in Jamo Bazar P.S. Case No. 11 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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