Chandrapal @ Jhulan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31947 of 2015 Arising Out of PS.Case No. -101 Year- 2014 Thana -SARE District- NALANDA (BIHARSHARIFF) ======================================================

1. Chandrapal @ Jhulan Singh S/o Sudama Singh Resident of village - Bhairo Bigha, P.S.-Sare., District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Baljit Singh For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-08-2015 Heard learned counsels for the petitioner, informant and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The son of the informant went missing on 11.10.2014 leading to registration of the First Information Report against unknown on 11.10.2014 itself. Subsequently a protest petition was filed by the informant on 07.11.2014 wherein Bablu Paswan, Rudal Paswan and Jieo Paswan were named when it was alleged that since victim had illicit relationship with the wife of Bablu Paswan, hence Bablu Paswan might have killed the son of the informant. Subsequently the name of the petitioner sprang up as a person who was last seen along with others in the company of the

Patna High Court Cr.Misc. No.31947 of 2015 (2) dt.06-08-2015 2/2 victim.

It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled as petitioner was neither named in the First Information Report nor in the protest petition which was lodged after three weeks of lodging of the F.I.R and his name transpired on the statements of the co-villagers with whom the petitioner is on litigating terms.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the suspicious nature of accusation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bihar Sharif, Nalanda in connection with Sare P.S. Case No. 101 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T