IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.17678 of 2011
Shiv Shankar Thakur And Ors.
Versus
The State Of Bihar
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2. 29.06.2011. Heard the learned counsel for the
petitioners and Mr. Umanath Mishra, learned
A.P.P. for the State.
The petitioners are apprehending
their arrest in a case registered under
Sections 302, 379, 380 and 120B of the
Indian Penal Code.
The accusation against the entire
in-laws family of the deceased is to assault
the victim as a result of which he died on
04.02.2010 for which the complaint was filed
on 26.04.2010 which ultimately came to be
registered as police case on 15.05.2010.
It is submitted by the learned
counsel for the petitioners that not only
the accusation is absurd since the wife,
father-in-law, mother-in-law and other
family members have been alleged to have
killed the husband of petitioner no.3 but it
appears that the victim died on 04.02.2010
due to illness and his ritual was performed
2
at that point of time and a certificate to
that effect has been issued by the Panchayat
Mukhiya.
It is further submitted that since
the petitioners’ side refused to return
certain animal as demanded by the informant
as a result of which the present case has
been filed. The unexplained delayed in
lodging of the complaint clouds the bonafide
of accusation and considering the same other
accused persons have been granted
anticipatory bail by this court.
Considering the aforesaid facts, let
the petitioners, Shiv Shankar Thakur, Shyama
Devi, Prema Kumari and Shyam Nandan Singh @
Ram Nandan Singh @ Mohan Singh, be released
on bail in the event of arrest or surrender
before the learned court below within a
period of twelve weeks from today in
connection with Tajpur (Bangra)P.S. Case No.
157 of 2010 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 C.J.M.
Samastipur, subject to the conditions as
laid down under Section 438(2) of the Code
3
of Criminal Procedure.
U. K. ( Dinesh Kumar Singh, J)