Umesh Rajak v. The State Of Bihar

Patna High Court Cr.Misc. No.49464 of 2016 (2) dt.16-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49464 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -JAMHORA District- AURANGABAD ======================================================

1. Umesh Rajak Son of Sri Ram Pravesh Rajak resident of village- Suara, Po- Pahleja, Ps- Dehri, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kr Sinha No.2, Advocate For the Opposite Party/s : Sri Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner as well as learned APP.

Petitioner, Umesh Rajak is the cousin (Phupera) brother of Bijendra Kumar Baitha, husband of deceased who along with Bijendra Kumar Baitha, Ravindra Kumar Baitha and Sandhya Devi have been alleged to have committed murder of the deceased, Mana Devi and disposed of her dead body. Petitioner is resident of different village and on account thereof, obligation in terms of Section 106 of the Evidence Act would not lie against him. From the order impugned, it is evident that the allegation against the petitioner happens to be in a casual manner.

Accordingly, petitioner, Umesh Rajak is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with GR No. 791/16 arising out of Jamhore PS Case No. 19/2016.

(Aditya Kumar Trivedi, J) perwez U T