Ramayan Uraon @ Ramcharan Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30211 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ramayan Uraon @ Ramcharan Uraon Son of Late Kailash Uraon, Resident of Village - Hasanapur, P.S. - Semra (Chiutaha), District - West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. One unknown dead body was recovered and in course of investigation, petitioner was arrested on the basis of suspicion and thereafter, he confessed his guilt disclosing this fact that he had killed his father. The investigating officer got recorded the statement of petitioner under Section 164 of the Cr.P.C. in which he again confessed his guilt disclosing this fact that on the alleged date of occurrence he put a Gamcha around the neck of his father and pulled the same as a result of which the deceased died. Learned counsel for the petitioner submits that petitioner is an illiterate member of Scheduled Tribe community

Patna High Court Cr.Misc. No.30211 of 2015 (3) dt.29-10-2015 2/2 and as a matter of fact, police got recorded his statement under Section 164 of the Cr.P.C. under coercion and threat and moreover, the aforesaid statement is not corroborated by the post mortem report which reveals that several injuries were found on the person of the deceased and the cause of death of deceased was his head injury and not by the strangulation. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Semra (Chiutaha) P.S. Case No. 09 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T