High Court Patna High Court - Orders

Shiv Shankar Thakur And Ors. vs The State Of Bihar on 29 June, 2011

Patna High Court – Orders
Shiv Shankar Thakur And Ors. vs The State Of Bihar on 29 June, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.17678 of 2011
                              Shiv Shankar Thakur And Ors.
                                            Versus
                                     The State Of Bihar
                                          -----------

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
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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
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of Criminal Procedure.

U. K.                            ( Dinesh Kumar Singh, J)