Baiju Rabidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.602 of 2016 Arising Out of PS.Case No. -144 Year- 2015 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Baiju Rabidas Son of Late Jethan Rabidas, Resident of Village - Pakri, P.S. - Pakribarawan, District - Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinendra Pandey, -Advocate For the Opposite Party/s : Mr. Ram Anurag Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner as well as learned APP.

While deceased was sleeping at his roof along with his father, informant, Lakhi Chandra Rabidas in the night of 03.08.2015 went missing whereupon at about 11:00 p.m., his mother (wife of informant) came and inquired from informant regarding deceased, Kundan Rabidas whereupon he came to the downstairs and saw the main door opened. They searched but could not find the missing boy.

On the following morning, after hearing a rumour that a dead body is lying south to village near canal, they went there and found it to be that of Kundan Rabidas having injuries caused by sharp cutting weapon. Informant further disclosed that his son had no grudge with anybody.

Patna High Court Cr.Misc. No.602 of 2016 (3) dt.18-02-2016 In course of investigation, the witnesses have stated that the deceased was in close friendship with his neighbour, Sonu Rabidas son of Baiju Rabidas (petitioner). Furthermore, it also came that the deceased had some sort of fascination towards the sister of Sonu Rabidas. Furthermore, Bhabhi of deceased under paragraph-45 of the case diary stated that on the alleged date, Sonu Rabidas had come and taken away Kundan Rabidas (deceased) to his house and since thereafter, he had not been traced out. Further statement of informant under paragraph-60 of the case diary, however, did not corroborate the same. Accordingly, petitioner, Baiju Rabidas is directed to 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 learned Chief Judicial Magistrate, Nawada in connection with Pakribarawan PS Case No. 144/2015. (Aditya Kumar Trivedi, J) perwez U T