Manoj Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50996 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -IMAMGANJ District- GAYA ====================================================== Manoj Pandey, Son of Late Satyadeo Pandey, R/O Village - Dubba, P.S. - Gurua, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satrudhan Kumar For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in connection with Imamganj P.S. Case No. 95 of 2017 dated 13.06.2017 instituted for the offences under Sections 302 and 201 of the Indian Penal Code.

A dead body was found lying on the road by a Chowkidar of the area. Later, during the course of investigation, it transpired that the dead body was that of one Dharmendra. The investigation papers further reveal that Dharmendra had developed love affairs with one Veena Kumari, daughter of Jammu Pandey which was not liked by Jammu Pandey and others. Later the deceased as well as Veena Kumari were caught by the villagers but the deceased was released. The petitioner who is one of the agnates of aforesaid Jammu Pandey is alleged to have threatened that some day or the other, the deceased would be killed. The

Patna High Court Cr.Misc. No.50996 of 2017 (4) dt.11-01-2018 father of the deceased whose statement has been recorded in paragraph-14 of the case diary has stated that somebody from the village had informed him that a day prior to the dead body of the deceased being found on the road, the petitioner was seen taking the deceased on motorcycle to some unknown destination. Similar statement has been made by various persons of the village. Thus all the persons who are either related to or are villagers of the deceased have only expressed suspicion that perhaps the petitioner along with other family members of Veena Kumari could have killed the deceased.

Learned counsel for the petitioner has submitted that the implication is only on the basis of suspicion without any foundation.

The petitioner is in custody since 15.07.2017 and he does not have any criminal antecedent.

In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Gaya in connection with Imamganj P.S. Case No. 95 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T