IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16618 of 2010
1.
VISHWANATH SAH, Son of Late Ganeshi Sah
2.MAHADEO SAH, Son of Late Bhola Sah
3.PRABHU SAH, Son of Late Bhola Sah
4.RAM AYODHAYA SAH, Son of Late Maheshi Sah
5.JITENDRA SAH, Son of Late Ram Ayodhaya Sah
All Residents of Village Sarswati Chowk, Ghorasahan, P.S. Ghorasahan, District East Champaran.
………Petitioners
Versus
THE STATE OF BIHAR
……..Opposite party
04/- 29-10-2010 Heard learned counsel for the five petitioners, Additional
Public Prosecutor for the State, who is armed with carbon copy of
the case diary up to paragraph no. 47 dated 28/03/2010 and Sri
Pravin Kumar learned counsel for the opposite party.
Petitioners are named accused in this case being in-laws
of deceased daughter of the informant. Learned Additional Public
Prosecutor fails to point out the circumstances under which the
fardbeyan of the deceased recorded one and half hours before her
death why could not be treated as fardbeyan and case was
proceeded and instead of subsequent statement of the informant was
treated fardbeyan and founds basis for this entire case.
Considering the facts and circumstances of the case, in
the event of their arrest/surrender before the court below within four
weeks of receipt of the copy of this order, petitioners, namely, 1.
Vishwanath Sah, 2. Mahadeo Sah, 3. Prabhu Sah, 4. Ram Ayodhaya
Sah and 5. Jitendra Sah, are directed to be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand only) each with
-2-
two sureties of the like amount each to the satisfaction of Sub-
Divisional Judicial Magistrate, Sikrahna at Motihari, East
Champaran in connection with Ghorasahan P.S. Case No. 50 of
2009, subject to condition laid down under Section 438 (2) of the
Criminal Procedure Code with additional condition to remain
physically present before the court below till disposal of the case, in
case of failure on two consecutive dates, the liberty shall be deemed
to be cancelled.
Praveen (Akhilesh Chandra, J.)