Surendra Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20525 of 2019 Arising Out of PS. Case No.-135 Year-2018 Thana- PANAPUR District- Saran ====================================================== 1.

Surendra Raut Son of Parikchan Raut Resident of Village- Vrit Bhagwanpur, P.S.- Panapur, District- Saran.

2.

Suresh Raut Son of Puna Raut Resident of Village- Vrit Bhagwanpur, P.S.- Panapur, District- Saran.

3.

Ramjas Raut Son of Narsingh Raut Resident of Village- Vrit Bhagwanpur, P.S.- Panapur, District- Saran.

4.

Kameshwar Singh Son of Late Satlal Kuwar Resident of Village- Vrit Bhagwanpur, P.S.- Panapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Panapur P.S. Case No. 135 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Petitioners Surendra Raut and Suresh Raut along with Sagar Raut and Rajendra Raut informed the informant about death of his father and on the said information when the informant rushed at the place of occurrence, he did not find dead

Patna High Court CR. MISC. No.20525 of 2019(4) dt.20-06-2019 2/3 body of his father there rather spotted petitioners Ramjas Raut and Kameshwar Singh carrying the dead body to the river. Noticing presence of the informant, they dumped the dead body at the bank of the river and made good their escape. It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. Petitioners have been falsely implicated in this case merely on suspicion. Father of the informant has died consuming excess liquor and petitioners Surendra Raut and Suresh Raut had informed the matter to the informant along with two other accused persons. Doctor conducting autopsy of the cadaver of the deceased has not found either any external or internal injury on the person of the deceased.

Utmost Section 201 IPC is made out against the petitioners Ramjas Raut and Kameshwar Singh for allegedly carrying the dead body which is bailable. Petitioner Kameshwar Singh is aged about 77 years. Petitioners have no criminal antecedent. Other two accused persons, namely, Rajendra Raut and Sagar Raut have been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 09.01.2019 passed in Cr. Misc. No. 74221 of 2018.

On the other hand, learned APP opposed the bail prayer of the petitioners.

Patna High Court CR. MISC. No.20525 of 2019(4) dt.20-06-2019 3/3 In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Saran, Chapra in connection with Panapur P.S. Case No. 135 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T