Shiv Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.48741 of 2014 (2) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48741 of 2014 Arising Out of PS.Case No. -240 Year- 2014 Thana -SONEPUR District- SARAN ====================================================== SHIV RAI, SON OF LATE PARIKSHAN RAI, RESIDENT OF VILLAGE - GOREYASTHAN, P.S. MANER, DISTRICT - PATNA, PRESENTLY RESIDING AT VILLAGE - PAHEJA SAHPUR DIYARA, P.S. SONEPUR, DISTRICT - SARAN.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Dhanesh Shankar Vidyarthi For the Opposite Party/s : Mr. Dr. Ajit Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sonepur P.S. Case No. 240 of 2014 registered under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that it would appear from the written report of the informant, Bhushan Rai, that he received information about recovery of the dead body of his maternal nephew, Sugan Rai, from his wife who also informed about moving the deceased, Sugan Rai, along with Pappu Mahto and Sanjay Rai three days earlier but thereafter deceased did not return to the house. Only suspicion has been

Patna High Court Cr.Misc. No.48741 of 2014 (2) dt.03-03-2015 raised against the petitioner and four others including Sarita Devi, wife of the deceased, involving in the murder of the deceased, except suspicion there is no legal material to connect this petitioner. Learned counsel for the petitioner further submits that co-accused, Sarita Devi, who is said to be the main conspirator of the murder of her husband, has already been granted privilege of bail by this Court vide order dated 08.12.2014 passed in Criminal Misc. No. 43481 of 2014. It is further submitted that petitioner has no criminal antecedent and he is in custody since 17.06.2014. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Saran at Chapra in connection with Sonepur P.S. Case No. 240 of 2014.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T