Murat Rai And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.35757 of 2014 (3) dt.08-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35757 of 2014 Arising Out of PS.Case No. -148 Year- 2013 Thana -SONEPUR District- SARAN ======================================================

1. Murat Rai

2. Brij Nandan Rai Both are Son of Ramhit Rai resident of village- Shahpur, P.S.- Sonpur, Distt.- Saran at Chapra............................................. .. Petitioners

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. H.A.Khan(App) CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Sonpur P.S. Case No. 148 of 2013 registered for the offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code.

The youngest son, namely Abhijeet Kumar Singh, of the informant was found murdered and his dead body was thrown and it is alleged that he was having illicit relationship with Sangeeta Devi and said Sangeeta Devi along with her family members and associates in conspiracy with each other have committed murder.

Submission is that the petitioners are not named in the FIR and their names have come in the confessional statement

Patna High Court Cr.Misc. No.35757 of 2014 (3) dt.08-04-2015 of co-accused Sangeeta Devi vide paragraph 65 of the case diary which got no evidentiary value and that Sangeeta Devi and her husband have already been granted bail by another Bench of this Court vide order dated 13.11.2013 passed in Cr. Misc. No. 43503 of 2013 and the petitioners have no criminal antecedent, and as such, the petitioners deserve sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonpur P.S. Case No. 148 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T