Rajesh Kumar @ Rajuli @ Rajesh Ray v. The State Of Bihar

Patna High Court Cr.Misc. No.9940 of 2015 (2) dt.24-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9940 of 2015 Arising Out of PS.Case No. -558 Year- 2013 Thana -KHAGARIA District- KHAGARIA ====================================================== Rajesh Kumar @ Rajuli @ Rajesh Ray S/o Late Rambalak Ray R/o village-Chatara, P.S. Khagaria Muffasil, Distt. - Khagaria .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 24-04-2015 Learned counsel for the petitioner is permitted to make correction in paragraph-1 of the bail petition. Heard learned counsel for the petitioner, learned A.P.P. for the State as well as learned counsel for the informant. The petitioner seeks bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code. The allegation against the petitioner is that five persons including the petitioner accompanied the husband of the informant to the house of the Sarpanch for some reconciliation. Subsequently the dead body of the husband of the informant was recovered. A suspicion has been raised that the accused including the petitioner and others have pressurized to withdraw earlier case lodged by the husband of the informant.

It is submitted by the learned counsel for the petitioner that there is no direct evidence against the petitioner and in

Patna High Court Cr.Misc. No.9940 of 2015 (2) dt.24-04-2015 similar facts and circumstance co-accused Manoj Roy has been granted bail vide Annexure-2.

Learned counsel for the informant submits that the petitioner has also criminal antecedent and after investigation the case has been found true against the petitioner. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/court concerned in connection with Khagaria Muffasil P.S. Case No. 558 of 2013 after framing of charge with the following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned. (Amaresh Kumar Lal, J.) Sanjay/- U T