Umashankar Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76006 of 2018 Arising Out of PS. Case No.-1159 Year-2015 Thana- SASARAM NAGAR District- Rohtas ======================================================

1. Umashankar Sah.

2. Ramashankar Sah. Both are sons of Lal Mohar Sah.

3. Ramshakhi Devi, Wife of Lal Mohar Sah, All are the Resident of Village- Diliya, Police Station- Sasaram (M), District- Rohtas.

4. Lalita Devi Wife of Late Pramod Sah, Resident of Village- Ahan, P.S.- Karakat, District- Rohtas at Sasaram.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned Counsel for the petitioners and the learned APP for the State.

Petitioner seeks bail in Sessions Trial No. 446 of 2018 arising out of Sasaram Town PS Case No. 1159 of 2015 registered under Sections 302/34 of the IPC.

It is submitted by Counsel for the petitioners that the informant himself had given a written letter to the Police Station wherein he has stated that the victim died due to some illness. On the basis of such consideration accused father-in-law has been allowed bail in Cr. Misc. No. 55648 of 2018 (Annexure 3). Petitioner Nos. 1 and 2 are brother-in-law whereas petitioner No. 3 is mother-in-law and petitioner No. 4 is

Patna High Court Cr.Misc. No.76006 of 2018(2) dt.17-12-2018 2/2 wife of the victim.

It is submitted that they all have been implicated merely on the basis of suspicion of the informant, though earlier communication, as discussed hereinabove, to the police station in question regarding death of the victim had been stated to be due to illness. Petitioner Nos. 1 and 2 are in custody since 5.9.2018 whereas petitioner Nos. 3 and 4 are in custody since 13.9.2018.

Considering the aforesaid submissions as also the facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge III, Rohtas at Sasaram in Sessions Trial No. 446 of 2018 arising out of Sasaram Town PS Case No. 1159 of 2015.

(Madhuresh Prasad, J) SNkumar/- U T