Patna High CourtCR. MISC./52084/2017bail granted

Yogesh Kumar Jaiswal @ Jogesh Bhagat v. The State Of Bihar

2017-12-07Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52084 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -CHAUSA District- MADHEPURA ====================================================== Yogesh Kumar Jaiswal @ Jogesh Bhagat Son of Shiv Narayan Bhagat, Resident of Village-Arajpur, Sonbarsa Tola, Police Station-Chausa, District-Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Chausa P.S. Case No. 107 of 2017 dated 25.04.2017 instituted for the offences under Sections 302, 201, 120(B) and 34 of the Indian Penal Code. The son of the informant had witnessed the illicit relationship between one of the neighbours viz. Punam Devi with one Rajesh Bhagat. This had led to a furore in the village. It has, thereafter, been alleged by the informant that the son of the informant was taken away by the family members of aforesaid Rajesh Bhagat and was killed. The dead body of the son of the informant was recovered from the field of one Asgar Ali on 25.04.2017.

Learned counsel for the petitioner has submitted that even the date of occurrence has not been specifically stated and it has only been vaguely alleged that the deceased was taken away by the

Patna High Court Cr.Misc. No.52084 of 2017 (3) dt.07-12-2017 accused persons on 24.02.2017. When and by what mode the murder was committed is not known. The petitioner is the brother of the aforesaid Rajesh Bhagat who is alleged to have been in illicit relationship with Punam Devi. The entire family members of aforesaid Rajesh Bhagat have been made accused. The father and mother of Rajesh Bhagat, have already been granted bail by a coordinate Bench of this Court vide order dated 05.09.2017 passed in Cr. Misc. No. 38284 of 2017.

Regard being had to the fact that the implication is only on the basis of suspicion and that also because of his relationship with Rajesh Bhagat, this Court is inclined to grant bail to the petitioner. 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 Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chausa P.S. Case No. 107 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T