Kushu Ram @ Kaushlendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.4975 of 2016 (2) dt.18-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4975 of 2016 Arising Out of PS.Case No. -24 Year- 2015 Thana -BELCHHI District- PATNA ====================================================== Kushu Ram @ Kaushlendra Kumar S/o Late Kapil Ram, resident of Village- Korari, P.S.- Belchhi, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhaskar Shankar, Advocate For the Opposite Party : Mr. Sahin Begum (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Belchhi P.S. Case No. 24 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that father of the informant had gone missing and informant had been moving around in the village in search of his father, who did not return home till late night. It is further submitted that several villagers had been contacted by the informant and his younger brother on the night of the day of occurrence. Therefore, the story that the hands and feet were tied and their mouths gagged near the Mandir, was wholly concocted and cannot be sustained as it has

Patna High Court Cr.Misc. No.4975 of 2016 (2) dt.18-03-2016 surfaced in the case diary that no such occurrence ever took place. Learned counsel for the petitioner further submitted that one other similarly situated co-accused person namely, Umesh Mahto has already been granted anticipatory bail by this Court in Crl. Misc. No. 54867 of 2015 vide order dated 11.01.2016. Considering the aforementioned facts and circumstances of the case, 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 enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Barh, District-Patna in connection with Belchhi P.S. Case No. 24 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) ravi/- U T