High Court Patna High Court - Orders

Ramesh Prajapati &Amp; Anr vs State Of Bihar on 14 June, 2010

Patna High Court – Orders
Ramesh Prajapati &Amp; Anr vs State Of Bihar on 14 June, 2010
                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr. Misc. No.19572 of 2010
                        1. RAMESH PRAJAPATI
                        2. Sanjay Prajapati
    Both sons of Munna Prajapati.Both resident     of village-
    Lamura, Police Station-Kochas(Parsathuan), District-Rohtas
                                 Versus
                           STATE OF BIHAR .
                              -----------

2 14.06.2010 Heard learned counsel appearing on

behalf of the petitioners and learned counsel

appearing on behalf of the State.

The petitioners herein are accused in

connection with Kochas(Parsathuan) P.S. Case

No. 131/09 (S.Tr. No. 177 of 2010) for offences

punishable under Sections 302/201/34 of the

Indian Penal Code.

The petitioners have been charged of

being a party to the death of the sister of the

informant, Asarfa Devi who was married to co-

accused Anil Prajapati.

Learned counsel for the petitioner

submits that these two petitioners Ramesh

Prajapati and Sanjay Prajapati are sons of

Munna Prajapati, the elder brother of the

husband of the deceased. He submits that the

deceased was earlier married to Awadesh

Prajapati and after his death she got married

to the younger brother, Anil Prajapati. The

cause of death has been attributed to certain
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property disputes.

Learned counsel for the petitioner

relying upon an order passed by this Court in

Cr.Misc. No. 10314 of 2010 and Cr. Misc.

No. 16645 of 2010 dated 7.5.2010 submits that

most of the accused persons have been granted

bail by a Bench of this Court and these

petitioners who are based in Katani in the

State of Madhya Pradesh are sons of the own

brother. He submits that there is no direct or

indirect allegation against these petitioners

nor there is any materials connecting them to

the alleged occurrence.

Having regard to the submissions

aforesaid, let the petitioners namely, Ramesh

Prajapati and Sanjay Prajapati be released on

bail upon each of them furnishing individual

bail bonds of Rs. 10,000/- with two sureties of

the like amount to the satisfaction of learned

4th Additional District Judge, Rohtas at

Sasaram in connection with Kochas (Parasathuan)

P.S. Case No.131 of 2009 subject to the

following conditions:-(i) That one of the

bailors will be a close relative of the

petitioners who will give an affidavit giving

genealogy as to how he is related with the
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petitioners. The bailor will also undertake to

inform the court if there is any change in the

address of the petitioners. (ii) That the

petitioners will be well represented on each

date and if they fail to do so on two

consecutive dates, their bail will be liable to

be cancelled.

Bibhash                                     ( Jyoti Saran, J.)