Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8191 of 2016 Arising Out of PS.Case No. -181 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Raushan Kumar Son of Bishwanath Roy Resident of Village Kathoulia P.s Bidupur District vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bidupur P.S. Case No. 181 of 2015 registered for the offences punishable under Sections 302/34 and 120(B) of the Indian Penal Code and Section 3(1)(x) of the S.C/S.T Act and later on Section 5 of the Immoral Traffic Act has also been added.

Allegedly, co-accused Seema Devi took away Krishna Devi and Mridula Devi the two daughters of the informant and thereafter, Mridula Devi returned back but Krishna Devi did not return and it was stated that Krishna Devi was sitting on the motorcycle of Roshan Kumar (the petitioner) and thereafter she

Patna High Court Cr.Misc. No.8191 of 2016 (3) dt.20-04-2016 2/3 was found lying injured and during treatment she died. Submission is of false implication and that besides suspicion there is nothing against the petitioner, the deceased might have met with an accident resulting she died. The petitioner has left Krishna Devi at her destination, there is no legal and tangible material against the petitioner, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. submits that the doctor has found cause of death as coma due to brain injury.

In the facts and circumstances stated above, considering that there is no eye witness of the occurrence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Bidupur P.S. Case No. 181 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on

Patna High Court Cr.Misc. No.8191 of 2016 (3) dt.20-04-2016 3/3 his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T