Sunil Giri And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63186 of 2018 Arising Out of PS. Case No.-74 Year-2018 Thana- KHANPURA District- Samastipur ======================================================

1. Sunil Giri Son of Tarakant Giri

2. Anil Giri Son of Tarakant Giri Both are Resident of Village- Ranjeetpur, P.S. Khanpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with Khanpur P.S. Case No. 74/2018, registered for the offences punishable under Sections 302, 307, 323, 341 and 34 of the Indian Penal Code.

The sister of the petitioners was married with the deceased. Allegation is that deceased who was son of the informant was doing business with the petitioners and when he demanded his due wages, the petitioners and others assaulted him which resulted in serious injury and led to death of son of the informant during course of treatment.

The case diary would reveal that witnesses stated that

Patna High Court Cr.Misc. No.63186 of 2018(3) dt.09-01-2019 2/2 when the deceased was forcibly dragging a branch of tree it fell down on him, which caused injury and that was reason for death of the deceased. No other witness has supported the allegation of assault by the petitioners.

Considering the facts of this case, let the petitioners above-named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Khanpur P.S. Case No. 74/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Kumar, J) vinita/- U T