Dashrath Prasad @ Dashrath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29190 of 2014 Arising Out of PS.Case No. -204 Year- 2013 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dashrath Prasad @ Dashrath Kumar, son of Kailash Mahato, resident of Village-Surahan, P.S.-Mufassil Motihari, District-East Champaran. .... .... Petitioner

Versus

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

For the Petitioner :

Mr. Shashi Bhushan Pandey, Advocate For the Opposite Party : Mr. B.K.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-01-2015 Heard both sides.

The petitioner, Dashrath Prasad @ Dashrath Kumar, seeks regular bail in Ghodasahan P.S. Case No.204 of 2013, registered under Sections 302, 201/34 of the Indian Penal Code. The first information report was lodged against unknown after recovery of the dead body of Dip Narayan Prasad. The wife of the deceased filed complaint case only on 24.08.2013, alleging therein that the petitioner and others took her husband on 03.06.2013.

It appears that the wife of the deceased filed the complaint petition raising suspicion against the petitioner and others only after two and half months of the occurrence. Even during course of investigation, as it appears from perusal of the order of the learned Sessions Judge, that Investigating Officer did

Patna High Court Cr.Misc. No.29190 of 2014 (4) dt.07-01-2015 2/2 not collect any evidence and the name of the petitioner figured in the case in the supervising note of Deputy Superintendent of Police and the Superintendent of Police. Other accused persons, namely, Nakchhed Prasad and Achchelal Prasad have already been granted anticipatory bail vide order dated 11.09.2014 passed in Cr. Misc. No.22693 of 2014.

Considering the facts aforesaid, the prayer for bail is allowed.

The petitioner, above named, 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Ghodasahan P.S. Case No.204 of 2013.

(Prabhat Kumar Jha, J) Pawan/- U T