Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33267 of 2016 Arising Out of PS.Case No. -113 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ====================================================== Rajesh Kumar, Son of Chandeshwari Yadav @ Chano Yadav @ Chano, Resident of village- Belo Tola Bhitta / Belo Hanta Tola, Police StationMurliganj, District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mritunjay Kumar For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Murliganj P.S. Case no. 113 of 2016, registered under Sections 302, 120(B)/34 of the Indian Penal Code.

The allegation of informant Ram Chandra Yadav is that on 07.12.2015 there was Football match and music programme in his village. The son of the informant, namely, Lankesh Kumar, who was a teacher in Girls Middle School, also went to participate in the said programmes. In course of music programme, petitioner and three others under conspiracy to grab the money, committed murder of his son Lankesh Kumar and kept the dead body on the railway track and parked the motorcycle of deceased beside the railway track. After two days, Awadesh Kumar given him key of the motorcycle saying that

Patna High Court Cr.Misc. No.33267 of 2016 (2) dt.26-08-2016 2/2 Brajesh has given him key of the motorcycle. The clothes of his son was found near Panchyat Bhawan. Someone informed from the mobile number of his son to daughter-in-law of the informant regarding dire consequences. On receiving this information, informant along with others started searching his son. On the next day, the dead body of his son was recovered and Police lodged U.D. Case No. 18 of 2015. Learned counsel for the petitioner submits that the occurrence is said to be held on 07.12.2015 and on the next day U.D. Case No. 18 of 2015 was instituted, but due to ulterior motive informant lodged this case saying that Awadesh Kumar given key of the motorcycle of the deceased to the informant saying that Brajesh has given him the said key on 12.04.2016 after five months of the occurrence.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 113 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J.) manish/- U T