Rabindra Ray @ Ravi Ray And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.34899 of 2015 (2) dt.26-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34899 of 2015 Arising Out of PS.Case No. -424 Year- 2014 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Rabindra Ray @ Ravi Ray Son of Sri Santlal Ray

2. Santlal Ray Son of China Ray @ Gena Ray Both resident of Village - Mahua Mukundpur, P.S. - Mahua District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Ranjan For the Opposite Party/s Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 26.08.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners purchased some piece of land from the deceased and prior to the above stated purchase, one Shambhu Rai, who happens to be son of the deceased from his first wife, had sold some lands to some other persons.

It is obvious from the first information report that the dead body of the deceased was found hanging with a tree on 17.10.2014. The accusation against the petitioners is that they along with two others took the deceased from his house on 16.10.2014 and later on, his dead body was found.

The contention on behalf of the petitioners is that on recovery of dead body, the informant who happens to be second wife of the deceased, lodged UD case no. 5/2014 and in the aforesaid UD

Patna High Court Cr.Misc. No.34899 of 2015 (2) dt.26-08-2015 case, she, nowhere, disclosed this fact that one day prior to the alleged occurrence, deceased was taken away by the petitioners. It is further contended by him that, as a matter of fact, petitioners have been implicated in this case on account of land dispute. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Mahua P.S. Case no. 424/2014. shahid (Hemant Kumar Srivastava,J) U T