Prabhu Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75453 of 2019 Arising Out of PS. Case No.-58 Year-2009 Thana- DUMARIYA District- Gaya ====================================================== 1.

PRABHU MISTRI Son of Late Shankar Mistri 2.

Rajendra Mistri Son of Prabhu Mistri 3.

Dharmendra Mistri @ Dharmendar Mistri Son of Prabhu Mistri All Resident of Village - Panchmah Tola, Deur, P.S.- Dumaria, Distt - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are languishing in custody for the offences punishable under Sections 302/328/120B/34 of the Indian Penal Code.

Full brother of the informant had gone to his Sasural. The petitioners are father-in-law and other members of the family. Allegation is that the petitioners and other family members committed murder of the brother of the informant and took away Rs.40,000/- which he was carrying.

Submission is that after investigation police has submitted charge sheet under Section 306 of the Indian Penal

Patna High Court CR. MISC. No.75453 of 2019(2) dt.28-11-2019 2/2 Code. There is no other material to substantiate any of the allegation as to whether the petitioners were involved in murder or any abetment of suicide.

Considering the aforesaid submission, let the petitioners, above named, 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 Courtbelow where the case is pending in connection with Dumaria P.S. Case No.58 of 2009, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T