IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16176 of 2010
SHITAL DEO PASWAN & ORS
Versus
STATE OF BIHAR
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5 18.11.2010 Heard learned counsel for the petitioners as well
as learned counsel for the state.
Admittedly, petitioners are in-laws of the
deceased and initially they were named in the FIR but after
due investigation, policy submitted final form and the
petitioners were not sent up for trial. Furthermore, it is
admitted position that in course of trial, a petition under
Section 319 of the Cr.P.C. was filed on behalf of the
prosecution and then petitioners were summoned by the
learned court below.
Learned counsel for the petitioner points out that
in course of trial, altogether four witnesses were examined
and out of them, two became hostile. He further submitted
that though two prosecution witnesses supported the
prosecution case but they made vague statement.
Considering the aforesaid facts and
circumstances, this anticipatory bail petition is allowed. In
the event of arrest/surrender within 30 days from receipt of
the order, the petitioners, namely, Shital Deo Paswan, Bala
Paswan, Niru Devi and Deo Laxmi Devi shall be released on
bail on furnishing bail bond of Rs 10,000/- (ten thousand)
2
each with two sureties of the like amount each in connection
with Sessions Trial No. 177 of 2003 arising out of Kasma
P.S. Case No. 20 of 2002 to the satisfaction of Additional
Sessions Judge (F.T.C.-I), Aurangabad subject to condition
as laid down u/S 438(2) of the Cr.P.C,
AKV/- ( Hemant Kumar Srivastava,J.)