Som Besra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24474 of 2020 Arising Out of PS. Case No.-186 Year-2019 Thana- JOKIHAT District- Araria ====================================================== SOM BESRA Son of Suku Besra Resident of Village - Laluwabari (Baharbari), Police Station - Jokihat, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Jokihat P.S. Case No. 186 of 2019, registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code. Prosecution case in brief is that the informant's son used to visit the house of his Mausa Dhumma Basuki at village Bankura and for the last two days, he was staying there. On 11.05.2019, his Mausa came at the informant's house and said that her son Charan Marandi has committed suicide by hanging with a tree near Das river. When the informant reached at the spot, she found her son hanging with a tree. The informant

Patna High Court CR. MISC. No.24474 of 2020(3) dt.25-11-2020 2/3 further suspected that her son was murdered by Dhumma Basuki.

It is submitted that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. Specific allegation is against co-accused Dhumma Basuki. Name of this petitioner has come in this case on the basis of confessional statement of co-accused Dhumma Basuki. Petitioner is no way related either with the informant or with the deceased. There is no cogent material against him which shows his complicity in the aforesaid crime. Petitioner has got clean antecedent as stated in para 3 of the petition. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 186 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T

Patna High Court CR. MISC. No.24474 of 2020(3) dt.25-11-2020 3/3