Ram Belash Ram And ANR. v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50471 of 2015 Arising Out of PS.Case No. -94 Year- 2015 Thana -KUCHIKOTE District- GOPALGANJ ======================================================
1. Ram Belash Ram, son of Bishwanath Ram.
2. Santosh Ram, Son of Rama Shankar Ram Both are Resident of villageManiyara, P.S.- Kuchikote, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioners and learned A.P.P. representing the State.
Petitioners seek bail in connection with Kuchikote P.S. Case No. 94 of 2015 registered for the offence punishable under Section 302, 34 of the Indian Penal Code.
Allegedly the informant after hearing the sound of crying behind her house went there and then saw the petitioners strangulating her husband Motilal Ram and when the informant reached near her husband, he was found dead.
Submission is of false implication and that the doctor has not found any sign of injury on the neck of the deceased. Cause of death has been noticed due to asphyxia. The petitioners,
Patna High Court Cr.Misc. No.50471 of 2015 (2) dt.21-12-2015 2/2 having no criminal antecedent, are suffering in custody since 31.05.2015 and, as such, deserve sympathetic consideration. The learned A.P.P. opposes the prayer of bail by submitting that the informant, being the eye witness, has seen both the petitioners strangulating her husband.
In the facts and circumstances stated above, considering the allegation attributed against the petitioners, serious in nature, this Court is not inclined to enlarge the petitioners on bail and accordingly their prayer for bail stand rejected. (Jitendra Mohan Sharma, J) sushma/- U T