Rajendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9302 of 2016 Arising Out of PS.Case No. -265 Year- 2014 Thana -RIGA District- SITAMARHI ====================================================== Rajendra Das, S/o Late Punit Das, resident of Village-Asogi, P.S. Riga District -Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-05-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Riga P.S. Case No.265 of 2014 for allegedly having committed the offence under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the name of the petitioner has been brought into the present case only on account of the fact that some of the witnesses have alleged that accused Sharmila Devi has some sort of illicit relation with the present petitioner. It is further submitted that the entire allegation is based on the aforementioned allegation and save and except the suspicion, there is no material in the case diary to implicate the petitioner.

Patna High Court Cr.Misc. No.9302 of 2016 (3) dt.10-05-2016 2/2 Learned counsel for the State after perusal of the case diary submits that actually certain witnesses have attributed the allegation against the petitioner to the alleged illicit relationship, but there is no cogent material to support the same. It is further submitted that both the deceased women had been protesting against their daughter-in-law illicit relationship with the petitioner, but such submission is also based only on suspicion.

Considering the aforementioned facts and circumstances and that the petitioner has got no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Riga P.S. Case No.265 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T