Patna High CourtCR. MISC./64583/2018bail granted

Satyadeo Prasad And ANR v. The State Of Bihar

2018-10-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64583 of 2018 Arising Out of PS.Case No. -133 Year- 2018 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Satyadeo Prasad, Son of Late Julum Prasad,

2. Pankaj Kumar, Son of Satyadeo Prasad, Both resident of Village- Khedu Chapra, Police Station- Maharajganj, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Maharajganj P.S. Case No. 133/2018, instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.

It is alleged in the written report that Phua of the informant was issueless so she was residing with her Bhaisur, namely, Nagina Prasad. She wanted to give her share to Nagina Prasad, which caused annoyance to her Devar (Petitioner no. 1). It is further alleged that due to aforesaid reason, Petitioner no. 1 used to assault the phua of informant. On 14.07.2018 at about 9 P.M. in night, informant got information that his Phua has been murdered by knife blow. The informant went to enquire in the house of

Patna High Court Cr.Misc. No.64583 of 2018 (2) dt.29-10-2018 2/2 Nagina Prasad who told that these petitioners have killed his Phua with knife.

Learned counsel for the petitioner has mentioned in para 8 of the bail petition that aforesaid Nagina Prasad was not examined during investigation. In the written report, mere suspicion has been raised against these petitioners. They are in custody since 15.07.2018.

Considering the aforesaid fact and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 5th A.C.J.M., Siwan in connection with Maharajganj P.S. Case No. 133/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J.) Rakhi U T