Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27474 of 2024 Arising Out of PS. Case No.-637 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== Ajay Yadav Son Of Late Dasthrath Yadav @ Garib Yadav Resident Of Village - Shotipool Paria, P.O. And P.S. - Bariarpur, District - Munger ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Kharagpur (Shampur O.P.) P.S Case No. 637 of 2022 registered for the offences punishable under Sections 302 and 201 / 34 of the IPC.
3. As per allegation in the FIR, the nephew of informant used to drive Toto (Electric Tempo) and suddenly he went missing on 27.12.2022 at 11:30 A.M. informant received information that a dead body of 18.20 years boy was found at Rishikund hill and when the informant, his brother and other relatives went there, they identified the dead body of his nephew. It is further alleged that deceaed Raman Kumar had relation with Doly Kumari and for this he was killed.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.27474 of 2024(2) dt.22-04-2024 2/3 petitioner has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR and is in custody since 14.01.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order dated 23.01.2024, it appears that on the basis of written report of the informant FIR was registered against unknown miscreants and the name of the petitioner surfaced on the suspicion because the petitioner is father of the Doly Kumari no other fact against the petitioner till now. Investigation already concluded against the petitioner, charge sheet has been submitted and cognizance has already been taken in this case.
7. Considering the period of custody and the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after commitment of the case on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM - IVth, Munger in connection with Kharagpur (Shampur O.P.) P.S. Case No. 637 of 2022.
8. The trial court is directed to conclude the proceeding of commitment within a period of one month. Further, petitioner
Patna High Court CR. MISC. No.27474 of 2024(2) dt.22-04-2024 3/3 shall co-operate in the trial and shall be present on each and every date fixed by the trial Court till conclusion of the trial. (Ramesh Chand Malviya, J) saurabhkr/- U T