Patna High CourtCR. MISC./16996/2015bail granted

Rohit Kumar @ Gholat Singh v. The State Of Bihar

2015-05-22Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11336 of 2015 Arising Out of PS.Case No. -258 Year- 2014 Thana -BALIA District- BEGUSARAI ====================================================== Nakul Yadav S/o Late Bishundeo Yadav Resident of Village Shri Nagar, P.S. Sahebpur Kamal, District Begusarai.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.16996 of 2015 Arising Out of PS.Case No. -258 Year- 2014 Thana -BALIA District- BEGUSARAI ====================================================== Rohit Kumar @ Gholat Singh Son of Jai Prakash Singh, Resident of villagePhulmalik, P.S.- Sahebpur Kamal, District- Begusarai .... .... Petitioner

Versus

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

(In Cr.Misc. No.11336 of 2015) For the Petitioner : Mr. Rajesh Kumar, Advocate.

For the Opposite Party : Mr. R.S.Choudhary(App) (In Cr.Misc. No.16996 of 2015) For the Petitioner : Mr. Pramod Kumar Singh, Advocate.

For the Opposite Party : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2015 Heard both sides.

The petitioners seek bail in Ballia P.S. Case No. 258 of 2014, registered for the offences punishable under Section 364 of the Indian Penal Code. Later on, Section 302 of the Indian Penal Code was added.

Lalpati Devi the mother of the deceased Anita Devi

Patna High Court Cr.Misc. No.11336 of 2015 (3) dt.22-05-2015 2/3 alleged that Fulo Devi took her daughter saying that Rabin Yadav was calling her in the house of Krishnadev Pandit, but she did not return. On enquiry Fulo Devi did not disclose as to whereabout of her daughter.

It is submitted that the petitioners are not named in the FIR. Nakul was apprehended and he disclosed the name of petitioner Rohit Kumar @ Gholat Singh. Except the confession there is no other material to show the involvement of the petitioner.

It appears that from possession of Nakul Yadav the mobile of the deceased Anita Devi bearing I.M.E.I. No. 911335951817012 and 911335958725 was recovered. Considering the facts aforesaid, I am not inclined to enlarge the petitioner Nakul Yadav on bail. Accordingly, the same is rejected.

So far as the case of petitioner Rohit Kumar @ Gholat Singh is concerned, except confession of Nakul Yadav there is no material against him to show that Rohit Kumar @ Gholat Singh was involved in the murder of Anita Devi. Considering the facts aforesaid, the petitioner Rohit Kumar @ Gholat Singh is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.11336 of 2015 (3) dt.22-05-2015 3/3 satisfaction of the learned Chief Judicial Magistrate, Begusarai in Ballia P.S. Case No. 258 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T