Rakesh Saw @ Rakesh Kumar @ Rakesh Sao And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.37501 of 2017 (3) dt.07-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37501 of 2017 Arising Out of PS.Case No. -263 Year- 2016 Thana -JAMUI District- JAMUI ======================================================

1. RAKESH SAW @ RAKESH KUMAR @ RAKESH SAO,

2. Maruan Sao, S/o Late Prasadi Sao, Both residence of VillageChhathudhanama, P.S. & Distt- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Jamui Police Station Case No. 263 of 2016 corresponding to G.R. No. 1328 of 2016, disclosing offences under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who are of clean antecedent, are innocent and have not committed any offence. As a matter of fact, there was illicit relationship between the deceased and the widow mother of Subal Yadav and on account of that scuffle took place between the parties. These petitioners are nowhere related to either of the parties and they have also no concern about illicit

Patna High Court Cr.Misc. No.37501 of 2017 (3) dt.07-09-2017 relationship of the parties. Moreover, independent witnesses have clear stated that these petitioners are not involved in the entire occurrence. Further final form has also been submitted by the police in this case. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Jamui Police Station Case No. 263 of 2016 (G.R. No. 1328 of 2016), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T