Dhanushdhari Prasad v. Kamlesh Prasad
Case at a glance
- Bench
- KISHORE KUMAR
Provisions considered
- Indian Penal Code, 1860 s. 379
Judgment
CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 4 30-09-2013 Heard the parties. Both the applications arise out of Nautan P.S. Case No. 60 of 2013. They have, thus, been heard together. The petitioners of both the applications have been named in the FIR lodged by the father of the victim (informant). It has been alleged that the son of the informant after taking meal had gone to sleep in the ‘Bathan’ with his grand father. Next Patna High Court Cr.Misc. No.18481 of 2013 (4) dt.30-09-2013 2 morning his dead body was seen hanging from a tree in an orchard. The informant has suspected the hands of the petitioners owing to land dispute between the family from before. Learned counsel for the petitioners submits that except the suspicion raised in the FIR there is no tangible evidence to connect the petitioners with the commission of the crime. Drawing attention of the Court to the statement of the grand father of the victim, it has been stated that there is possibility of the victim leaving the place on his own and committing suicide. It has also been submitted that the petitioners of Cr. Misc. No. 18481 of 2013 are in custody since 14.3.2013 and petitioners of Cr. Misc. No. 28205 of 2013 are in custody since 01.06.2013. It has next been submitted that the only case in which they were made accused(s) previously was under Section 379 of the Penal Code. Learned counsel for the State, on going through the case diary has not been able to submit that there is evidence which directly implicate the petitioners in the commission of the crime. In the facts and circumstances of the case, let the above named petitioners of both the applications be released on bail on furnishing bail bond of Rs. 15,000/- ( Fifteen thousand) Patna High Court Cr.Misc. No.18481 of 2013 (4) dt.30-09-2013 3 each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, Dist. West Champaran in connection with Nautan P.S. Case No. 60 of 2013 subject to the condition that one of the bailors shall be the own/close relative of the petitioners. (Kishore Kumar Mandal, J) Shyam/-
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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