Kalit Rajak And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28628 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -LAXMIPUR District- JAMUI ======================================================

1. Kalit Rajak & Anr S/o Late Mithu Rajak

2. Pappu Rajak S/o - Kalit Rajak, both are resident of village-Tetaria, Police Station- Barhat, District-Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 363 and 302/34 of the I.P.C. The prosecution case as per the fard beyan recorded on 25.4.2016 by the informant is that since 22.4.2016 his son is traceless. On 25.4.2016 in the Noon the informant received information that a dead body was floating in the well and he identified to be his son. He suspected that the accused persons including the petitioners have murdered his son because there was a love affair between the son of the informant and daughter of petitioner No.1.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 27.4.2016 and the charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. The petitioners have been named in the

Patna High Court Cr.Misc. No.28628 of 2016 (3) dt.30-08-2016 2/2 F.I.R. merely on the basis of suspicion. There is no direct or indirect evidence against the petitioners. The motive is alleged to be the love affairs of the deceased with the daughter of one of the accused.

On behalf of the State and the leaned counsel for the informant, it is submitted that the petitioners are named in the F.I.R. and the cloth of the deceased is said to have been recovered from the possession of the accused persons.

From perusal of the seizure list, it appears that no such article is said to have been recovered from the possession of the accused persons.

Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Amrendra Kumar, J.M., 1st class, Jamui in connection with Laxmipur P.S. case No.57 of 2016.

(Sudhir Singh, J) Narendra/- U T