Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1195 of 2019 Arising Out of PS. Case No.-310 Year-2018 Thana- NAWADA District- Nawada ====================================================== Rahul Kumar son fo Sunil Prasad @ Sunil Kumar, resident of village Mangura P.S. Kadirganj,District Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Nawada (Kadirganj) Town P.S.Case No.310 of 2018 , registered for offences punishable under Sections 341, 448, 323, 354(B), 302/34 of the Indian Penal Code.

Allegation as per FIR against the petitioner and other accused persons is of assaulting the family members of the informant and misbehaved with them and also taking of the son of the informant and killed by throttling.

Submission of the learned counsel for the petitioner is that there is general and omnibus allegation, moreover earlier a case had been lodged by co-accused against the informant of misbehave with his daughter causing her death and further there is no eye witness of the occurrence and the postmortem report does not show any injury on the person of the deceased. Further

Patna High Court Cr.Misc. No.1195 of 2019(2) dt.17-01-2019 2/2 submission is that the other co-accused persons have been granted privilege of anticipatory bail, vide order dated 9.8.2018 passed in Cr. Misc. No.46274 of 2018, Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nawad in connection with Nawada (Kadirganj) Town P.S.Case No.310 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure, with further condition to co-operate in the investigation of the case..

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T