Sri Bhagwan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57574 of 2015 Arising Out of PS.Case No. -212 Year- 2014 Thana -SAHPUR District- PATNA ====================================================== Sri Bhagwan Rai Son of Modi Rai R/o Village Daudpur (Bagicha), P.S. Shahpur, District Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Shahpur P.S. Case No. 212/2014 registered under Sections 364, 302, 201, 120(B) of the Indian Penal Code.

The prosecution case is that on 19.07.2014 in the morning the husband of the complainant-informant Fula Devi was accompanied with Raju Mahto for doing the work on the boat. When the husband of the complainant-informant did not return in spite of passing over 10 days, the informant went at the house of Raju Mahto, then Raju Mahto and his brother Dasai told her that her husband Upendra Mahto will return within 15 days as he is doing work at Maner River bank, but her husband did not return.

Patna High Court Cr.Misc. No.57574 of 2015 (3) dt.18-02-2016 2/2 She again went at the house of Raju Mahto and Dasai Mahto, then she found both with the petitioner who gave her threaten to not come in search of her husband. When the informant was returning from there Dasai Mahto asked to take Rs. 1 lac and not to lodge any case in respect of her husband.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the FIR that the occurrence took place on 19.07.2014 but the FIR was lodged on 18.10.2014. More over, the petitioner is not a family member of Raju Mahto who is said to have accompanied with the husband of the informant. The petitioner being the neighbour of Raju Mahto has falsely been implicated in this case. He is in custody since 19.09.2015. Having regard to the facts and circumstances of the case, 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 Sri A.K. Thakur, Judicial Magistrate 1st Class, Danapur, Patna in connection with Shahpur P.S. Case No. 212/2014. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J.) Rakhi U T