Ram Daresh Rai @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34548 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Ram Daresh Rai @ Chhotu, son of Maheshwar Rai, R/o Village- Chakan Toli, P.S.- Kalyanpur, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kalyanpur P.S.Case No. 104 of 2016 registered for the offences punishable under Sections 363, 365/34, 302 and 201 of the Indian Penal Code.

Allegation as per FIR is that petitioner and deceased had gone for walking and thereafter deceased was traceless and later on after three days dead body of deceased was recovered. It has been submitted on behalf of the petitioner that petitioner has been implicated on the basis of suspicion. As a matter of fact, there was love affairs between the deceased and a girl and that girl is daughter of someone but not of the petitioner and petitioner is in custody since 22.12.2016 and other co-accused persons have been granted bail by co-ordinate Benches of this Court.

Heard learned APP also.

Patna High Court Cr.Misc. No.34548 of 2017 (2) dt.28-07-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Kalyanpur P.S.Case No. 104 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U