Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85099 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== 1.

Awadhesh Singh Son of Late Prabhunath Singh Resident of Village- Sipah, P.S.- Basantpur, District- Siwan.

2.

Savita Devi Wife of Awadhesh Singh Resident of Village- Sipah, P.S.- Basantpur, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for regular bail has been filed by the petitioners in connection with Basantpur P.S. Case No. 151 of 2019 registered for the offence punishable under section 302 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that on returning after taking food, his father went to sleep. In the morning, it was discovered that he had died. It is stated that unknown person had killed his father and an injury was also found on the right side of his head. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. Petitioner no.2 is said to have given a confessional statement before the police wherein it is stated that she has named other members of the

Patna High Court CR. MISC. No.85099 of 2019(3) dt.18-03-2020 2/2 family including her husband, the petitioner no.1. It is submitted that the petitioner no.1 happens to be the son of the deceased and petitioner no.2 happens to be the daughter in law of the deceased. It is further submitted that other co-accused have been enlarged on bail by order dated 20.11.2019 passed in Cr.Misc. No.61782 of 2019. Besides the confessional statement made before police no other substantive material has transpired against the petitioners who are in custody since 28.5.2019 and have no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. Let the petitioners be enlarged on bail in connection with Basantpur P.S. Case No. 151 of 2019 on their furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Siwan. (Partha Sarthy, J) Bibhash/- U T