Patna High CourtCR. MISC./41566/2016bail granted

Ramesh Rai @ Kehuli v. The State Of Bihar

2016-12-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41566 of 2016 Arising Out of PS.Case No. -129 Year- 2016 Thana -MANER District- PATNA ======================================================

1. Ramesh Rai @ Kehuli, S/o Late Raghubir Rai, Resident of VillageManer Tola Par, Police Station- Maner, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajanan Mishra, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 302 and 504 of the I.P.C. Allegation is that the petitioner abused and beaten the husband of the informant with iron rod, due to which he received injuries and in course of treatment her husband died. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.3.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The informant is not an eye witness to the alleged occurrence nor there is any substantial evidence to suggest the implication of the petitioner in the alleged

Patna High Court Cr.Misc. No.41566 of 2016 (3) dt.23-12-2016 2/2 occurrence except for the disclosure made by the deceased prior to his death. The postmortem report does not support the allegations made in the F.I.R. From perusal of the postmortem report, it is evident that there is no external or internal injury on his body. The viscera report also does not indicate that it is a case of poisoning. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 Sri Randhir Kumar, J.M. 1st class, Danapur in connection with Maner P.S. case No.129 of 2016.

(Sudhir Singh, J) Narendra/- U T