IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39133 of 2010 SANJAY MAHTON . Versus STATE OF BIHAR . with Cr.Misc. No.26131 of 2010 RAJESH MAHTO @ RAMESH MAHTO . Versus STATE OF BIHAR . -----------
02. 03.12.2010 Heard the learned counsel for the petitioners and the State.
Informant’s son was killed in his Sasural for which F.I.R. is
lodged. Submission of the learned counsel for petitioners is that
members of Sasural family are named in the F.I.R. Petitioners’ name
appeared in further statement of the informant with no further
corroboration. In the re-statement also, only suspicion has been cast
upon petitioner of Cr.Misc. No.39133/2010. Petitioner of Cr. Misc.
No.26131/2010 Rajesh Mahto has been though named in the F.I.R., but
informant is not eye witness rather there is no eye witness in the case.
Petitioner is shown second husband of Rekha Devi, deceased, but his
marriage was resolved as per informant herself. So, there was no
occasion of going to the village of Rekha Devi.
Having regard to the facts and circumstances of the case, in
the event of arrest or surrender within a period of one month from the
date of receipt/production of a copy of this order, the above named
petitioners shall 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 Chief Judicial Magistrate, Muzaffarpur in
connection with Saraiya (Jaitpur O.P.)P. S. case No.158 of 2008, subject
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to the conditions as laid down under section 438(2) of the Code of
Criminal Procedure.
Vikash ( Mandhata Singh, J.)