Patna High CourtCR. MISC./40320/2017disposed

Rajesh Kumar v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.40320 of 2017 (4) dt.11-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40320 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -GAYA KOTWALI District- GAYA ======================================================

1. Rajesh Kumar Son of Late Gopal Prasad, R/o Mohalla- Dhami Tola, P.S.- Kotwali, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Alamdar Hussain, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 The petitioner seeks regular bail in connection with Kotwali P.S. Case No. 67 pf 2017, registered for offences punishable under Section 302 and 34 of the Indian Penal Code. Allegation against the petitioner is of killing the son-inlaw, daughter and grand daughter of the informant. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and he happens to be own brother of the deceased and four days prior to the occurrence, mother who was living with the deceased and his family, had committed suicide and for that sister of the deceased and petitioner, namely, Nisha Gupta had lodged a case against the deceased and his wife. Further petitioner has no role to play in the murder of son-in-law, daughter and grand daughter of the

Patna High Court Cr.Misc. No.40320 of 2017 (4) dt.11-09-2017 informant as he lives separate from them and further the dead bodies were recovered after breaking open the door and impugned order itself shows that there is nothing against the petitioner, however, his prayer for bail was rejected only on the ground that investigation was still going on. Petitioner has been in judicial custody since 11.07.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the court below that after submission of charge-sheet, no material, except what is stated by learned counsel for the petitioner is found, he shall release the petitioner on bail to his own satisfaction, otherwise he is free to pass any order as he deems fit and proper.

(Vinod Kumar Sinha, J) sunil/- U T