Rakesh Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41099 of 2017 Arising Out of PS.Case No. -2 Year- 2014 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Rakesh Sharma, S/o Rajendra Mistri @ Rajendra Sharma, Resident of Village Ambatari, P.S. Mohanpur, Dist. Gaya.

.... .... Petitioner/s

Versus

1. State of Bihar.

2. Gulzar Ahmad, S/o Abdul Razak Mian, Resident of Village Ambatari, P.S. Mohanpur, Dist. Gaya.

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Complaint Case No. 02 of 2014 arising out of Gaya Rail P.S. Case No. 115 of 2014 registered for offences under section 302 of the Indian Penal Code.

From the First Information Report, it appears that the victim Arman Ansari, on the fateful day, had gone to attend the class but, the victim had fallen down at Bandhua Tankupa Station and, later on, he died which is apparently clear from the First Information Report bearing Gaya Rail P.S. Case No. 115 of 2014 but, later on, a complaint was filed vide Complaint Case No. 02 of 2014 wherein the Complainant has made out a case of murder of

Patna High Court Cr.Misc. No.41099 of 2017 (2) dt.04-10-2017 his son.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, Rakesh Sharma, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Rail Judicial Magistrate, Gaya in connection with Protest-cum-Complaint Case No. 02 of 2014 arising out of Gaya Rail P.S. Case No. 115 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shivaji Pandey, J) Rishi/- U T