Rahul Kumar @ Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15445 of 2019 Arising Out of PS. Case No.-1028 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== RAHUL KUMAR @ RAHUL YADAV Son of Late Bishwanath Yadav Resident of Village- Thadhi Navtoliya, Police Station- Saur Bazar, Pastpar, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-05-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Madhepura (Bharrahi O.P.) P.S. Case No. 1028/2018, instituted for offence under Section(s) 302 and 34 of the Indian Penal Code. It is alleged in the written report that on 05.12.2018, son of informant had gone to the house of Sajan Yadav (Bahnoi of petitioner). On 06.12.2018 informant had gone to Hatiya for selling the seeds of vegetables. At about 7:30 P.M. in the evening informant came to his house and found dead body of his son lying at verandah. He learnt from the nearby people that dead body of his son was brought by this petitioner on motorcycle. His son was sitting in the middle of motorcycle and one unknown boy had caught hold the deceased from behind on

Patna High Court CR. MISC. No.15445 of 2019(3) dt.30-05-2019 2/2 the motorcycle. The informant raised suspicion against this petitioner and one unknown person in committing murder of his son.

The statement of mother of deceased has been recorded in para 7 of case diary, wherein she has stated, that her son told her, that his health is not good. He was taken to hospital, where doctor declared him dead.

From the written report, it appears that there is no eye-witness to the occurrence.

Petitioner is in custody since 08.12.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 1028/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T