Ajay Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36385 of 2014 Arising out of P. S. Case No. - 19 Year - 2014 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Ajay Kunwar, S/o Late Nageshwar Kunwar, Resident of Village Bakhraur, Police Station Sidhwalia, District Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner being the brother of the victim is languishing in custody since 25.06.2014 in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

It is alleged that the family members of the husband of the informant demanded money which could not be given when the husband of the informant came to the village home he was being killed but the information of his death was given by one Maya Devi to the informant and the dead body was disposed of.

Learned counsel for the petitioner submits that there is no eye-witness to the occurrence. It appears unreasonable that the parents and the other family members will kill their own

Patna High Court Cr.Misc. No.36385 of 2014 (3) dt.13-01-2015 son when no motive has been alleged and only on suspicion the accusation has been leveled, though it is claimed by the petitioner that the informant participated in the cremation. It is submitted by the learned counsel for the informant that the accused petitioner's family kill the husband of the informant and disposed of the dead body without informing the informant.

Considering the circumstantial nature of accusation, the petitioner is ordered 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 learned Judicial Magistrate-1st Class, Gopalganj in connection with Sidhwaliya P.S. Case No. 19 of 2014, G.R. No. 610 of 2014. Kundan/- (Dinesh Kumar Singh, J) U T