Raju Rai @ Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56656 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Raju Rai @ Raju Kumar, Son of Singeshwar Rai @ Sudeshwar Rai, Resident of Village- Gardaniya Chowk, Police Station- Town Hajipur, District- Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar. ... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Adv. For the Opposite Party/s : Sri Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody since 01.10.2017 and he seeks bail in connection with Gangabridge Police Station Case No. 86 of 2017 registered for the offences punishable under sections 302, 201 and 120B/34 of the Indian Penal Code.
The informant in his written report submitted with the S.H.O. of Gangabridge Police Station, Hajipur, Vaishali has stated that altogether 8 persons named in the FIR came and took away his son Dipu Kumar from his house. They brutally assaulted his son and after committing murder took him in a car and got the said car dashed with a tractor to give a picture of accidental death. Learned counsel for the petitioner submits that the allegation of assault and strangulation is omnibus. The informant is
Patna High Court Cr.Misc. No.56656 of 2017 (2) dt.12-12-2017 2/2 not an eye-witness to the occurrence rather he reached at the place of occurrence after accident. He further submits that in the road accident, two persons sustained injuries. The injureds were moved to hospital by Gangabridge Police but in course of going to hospital, the informant's son Dipu Kumar died. The another injured Bipin Kumar who is own nephew of the informant, was referred to Patna Medical College Hospital for treatment. It has been further submitted that the informant has not assigned any motive for murder of his son and lodged the aforesaid case with false and frivolous allegation. The petitioner is a car driver and at the relevant time, he was driving the car.
Considering the nature of allegation, facts and circumstances of the case, the prayer for bail is allowed and the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Gangabridge Police Station Case No. 86 of 2017. (Sanjay Kumar, J) Mahesh/- U T