Md. Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61919 of 2019 Arising Out of PS. Case No.-302 Year-2018 Thana- JAMUI District- Jamui ====================================================== 1.

MD. SONU Son of Md. Anwar Resident of Village-Naya Tola Amarath, P.O., P.S. and District-Jamui.

2.

Tara Khatoon Wife of Md. Anwar Resident of Village-Naya Tola Amarath, P.O., P.S. and District-Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravi Shankar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2020 Petitioners seek bail in connection with Jamui P.S. Case No. 302 of 2018, registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code. Deceased was taken by the petitioners and later on telephone call had come from the informant that accused persons were assaulting the deceased and on that informant they went there and saw that they confined the deceased in a house and after breaking the door the dead body was recovered. It further appears from the case diary that some witnesses had seen the occurrence and stated that petitioner No.1 dragged the deceased inside the house and thereafter he was assaulted. Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.61919 of 2019(4) dt.31-01-2020 2/2 that they are in custody for nine months and there is no chance of tampering with the evidence. It is further submitted that so far petitioner No.2 is concerned, there is no specific allegation against her and she is a lady and co-accused has been granted bail by a co-ordinate Bench of this Court by order dated 26.10.2018 passed in Cr.Misc.No. 63257 of 2018. Heard learned APP also.

In view of above facts and circumstances, let petitioner No.2 be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Jamui, in connection with Jamui P.S. Case No. 302 of 2018.

So far petitioner No.1 is concerned, I am not inclined to grant him bail, as such, his prayer for bail is rejected. Let the trial be expedited.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T