Hari Rai @ Hari Narayan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31361 of 2015 Arising Out of PS.Case No. -1125 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================
1. Hari Rai @ Hari Narayan Rai Son of Late Bhagwat Roy Resident of Village - Ishakpur Tak, Police Station Mahnar, District - Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioner, informant and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code.
It is alleged that the brother of the informant Bachcha Rai was returning from Hajipur Sadar Hospital on 30.12.2014 at 8 P.M. but he did not reach home. Next day, his dead body was recovered with injuries when suspicion was raised against the petitioner and others due to old enmity.
It is submitted by the learned counsel for the petitioner that admittedly there is no eye witness to the
Patna High Court Cr.Misc. No.31361 of 2015 (2) dt.04-08-2015 2/3 occurrence and only due to old enmity suspicion was raised.
It is submitted by learned counsel for the informant that the statement of Ram Pavitra Rai recorded in paragraph 56 of the case diary suggests that he saw three persons coming when co accused Sahdeo Sah fired at a person who was going with polythene in his hand.
It is submitted by learned counsel for the petitioner that Ram Pavitra Rai is none else than the brother-in-law of the victim, hence, there was no occasion for him not to disclose this fact when the FIR was being lodged and his statement further gets clouded with the fact that he failed to identify the victim being his brother in law who was shot at by Sahdeo Sah. Considering the suspicious nature of accusation, let the above named petitioner be released on anticipatory bail 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 CJM, Vaishali at
Patna High Court Cr.Misc. No.31361 of 2015 (2) dt.04-08-2015 3/3 Hajipur in connection with Hajipur Town P.S. Case No.1125 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T