Kiran Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16040 of 2018 Arising Out of PS.Case No. -168 Year- 2017 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================

1. Kiran Devi, W/o Late Rambali Mahto,

2. Ranjeet Kumar Mahto @ Ranjit Kumar Mahto @ Ranjet Mahto S/o Late Rambali Mahto, Both R/o Village- Bahadurchak, P.S.- Mohiuddinnagar, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suneil Kumar Thakur, Adv For the Opposite Party/s : Mr. Sri Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 302,201,34 of the Indian Penal Code.

The petitioners are wife and son of victimRambali Mahto. Dead body of Rambali Mahto was found from the river side and it was noticed that Rambali Mahto was throttled to death. Petitioners had assaulted to Rambali Mahto in the evening with Lathi etc. Hence, they are under suspicion to have committed the murder. Some other witnesses have also stated before the police that the petitioners were seen assaulting the deceased and for that

Patna High Court Cr.Misc. No.16040 of 2018 (3) dt.15-05-2018 reason, they are under suspicion to have committed the murder.

Learned counsel for the petitioners submits that in fact nephew of petitioner-Kiran Devi had married with a scheduled caste girl of the vicinity, which was not liked by the other caste men of the petitioners and for that reason, they had quarreled. The deceased was a habituated drinker. Hence, murder might have been committed by the aggrieved persons. No motive has been alleged against the petitioners for commission of the crime against their father or husband, whereas the circumstances of the case requires apparent motive to commit murder of such close relative. Petitioners are in custody since 01.11.2017.

Considering the entire facts aforesaid especially completion of investigation, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mohiuddinnagar Police Station Case No.168 of 2017, subject to the condition that the petitioners shall fully cooperate with the investigation and trial of the case,

Patna High Court Cr.Misc. No.16040 of 2018 (3) dt.15-05-2018 failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T