Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20474 of 2016 Arising Out of PS.Case No. -434 Year- 2015 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Satish Kumar Son of Devendra Prasad Singh Resident of VillageChhapra Dharampur Yadu, P.S.- Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. P.K.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 302, 201, 34 of the Indian Penal Code.

The prosecution case is that the informant, being the Chowkidar, came to know that a dead body is lying near the railway track. On such information, he reached to the spot and found a dead body in the litchi orchard of Ram Bilash Sah, 100 yards from the railway track. The dead body could not be identified leading to registration of FIR against unknown but after two days of registration of the FIR the father of the victim raised suspicion against four persons, including the petitioner. It was also claimed by the father of the victim that the victim was taken away by four persons for land deal but he did not return and after getting

Patna High Court Cr.Misc. No.20474 of 2016 (2) dt.12-05-2016 2/2 knowledge of recovery of a dead body in litchi orchard he went to S.K.M.C.H and identified dead body of his son. It is submitted by the learned counsel for the petitioner that only on suspicion, the accusation has been levelled. Statement has been in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is submitted by the learned counsel for the petitioner that investigation against the petitioner has not yet been concluded.

Considering the suspicious nature of accusation, let the above named petitioner be released on anticipatory bail till the conclusion of investigation in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, West, Muzaffarpur in connection with Kanti P.S. Case No. 434 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T