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Patna High CourtCR. MISC./11949/2016bail granted

Rabindra Jha @ Bhulla v. The State Of Bihar

2016-03-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11949 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Rabindra Jha @ Bhulla son of Kamalnath Jha Resident of village - Maubehat, P.S. Manigachhi, District - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Jha For the Opposite Party/s : Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Petitioner is named in the first information report and it is stated that F.I.R. named accused, Arun Yadav and Shailendra Yadav came at the house of the informant and gave threatening to kill the informant's husband. Subsequently, after five to six days of the aforesaid threatening, petitioner and above stated two coaccused came to the house of the informant on a tempo and threw the dead body of the deceased. In post mortem examination, no external or internal injury was found on the person of the deceased

Patna High Court Cr.Misc. No.11949 of 2016 (2) dt.17-03-2016 2/2 and the opinion regarding his death was kept reserved. From perusal of the impugned order I find that not a single witness came forward to claim himself to have seen the actual killing of the deceased. Moreover, it appears from the materials available on the record that deceased had taken huge amount from co-accused Arun Yadav in the name of supply of labourers.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Manigachhi (Wajitpur O.P.) P.S. Case No. 11 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T