Mohim Lal Rajak @ Mahil Rajak @ Ram Pukar Rajak @ Mohil Lal Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25229 of 2015 Arising Out of PS.Case No. -257 Year- 2014 Thana -SALKHUA District- SAHARSA ====================================================== MOHIM LAL RAJAK @ MAHIL RAJAK @ RAM PUKAR RAJAK @ MOHIL LAL RAJAK .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. Ansuaiya Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-07-2015 Petitioner is languishing in custody since 13.02.2014 in a case registered for the offences punishable under Section 364/34 of the Indian Penal Code, subsequently Sections 302, 120B I.P.C was also added.

It is alleged that the husband of the informant went to attend the court proceeding in the company of co-accused Dinesh Yadav but he did not return neither any cogent explanation of where about of the husband of the informant was given by co-accused Dinesh Yadav.

Subsequently it was found that husband of the informant appeared in the court proceeding but thereafter he went missing. Consequently the present case was registered on 12.12.2014 under Section 364/34 of the I.P.C but after recovery of the dead body under Sections 302, 120B I.P.C was also added. It is alleged by the informant that since Dinesh Yadav was on inimical terms with the husband of the informant hence it is suspected that Dinesh Yadav league with other co-

Patna High Court Cr.Misc. No.25229 of 2015 (2) dt.24-07-2015 2/2 accused including the petitioner might have killed the husband of the informant.

It is submitted by learned counsel for the petitioner that victim and the Dinesh Yadav were accused in the murder case of the father of the petitioner being Salkhua(Banama Itahari O.P.) P.S. Case No. 167 of 2012. Hence the petitioner has been roped in the present case maliciously.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the fact that there is no eye witness to the occurrence and the petitioner having no criminal antecedent, let the petitioner, above named, 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, Saharsa in connection with Salkhua(Banama Ithari O.P.) P.S. Case No. 257 of 2014. (Dinesh Kumar Singh, J) Shageer/- U T