Ravi Shankar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29388 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.
Ravi Shankar Prasad Son Of Harihar Nath Prasad @ Harihar Prasad Resident Of Village- Kaji Bazar, P.S.- Mahrajganj, District- Siwan. 2.
Guddu Prasad @ Guddu Kumar Son Of Ravi Shankar Prasad Resident Of Village- Kaji Bazar, P.S.- Mahrajganj, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Chandra, Advocate For the Opposite Party/s :
Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2021 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.
Prosecution's case is that on 3.2.2020 at 9.20 PM the informant received secret information that some persons are trying to cremate a dead body in the dark night at burial ground near Sanskrit Vidyalaya. After making sanha entry, police party reached there at 10 PM and on query from the gathered people informant learnt that the dead body is of Satynarayan Prasad son of petitioner no.1. The informant further disclosed that there
Patna High Court CR. MISC. No.29388 of 2020(3) dt.22-01-2021 2/3 was some black mark on his neck. It is also alleged that the petitioners and their family members in the meantime fled away. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioner no.1 is father of the deceased, whereas petitioner no.2 is brother of the deceased. He submits that in fact the deceased committed suicide due to loss in business. It is also the submission of the petitioners that in course of investigation many witnesses have disclosed that the deceased committed suicide and the room was locked from inside and after breaking the door, it was detected that the dead body was hanging from the roof through a rope. From perusal of Paragraph 21 of the case diary, it further appears that the wife of the deceased has also not expressed any suspicion against these petitioners. IO has also stated that he received the information that the deceased committed suicide. Petitioners have got no criminal antecedent.
Considering the facts of the case, in the event of arrest/surrender within eight weeks from today, let the petitioners, named above, 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 the Additional Chief
Patna High Court CR. MISC. No.29388 of 2020(3) dt.22-01-2021 3/3 Judicial Magistrate, Siwan in Maharajganj Police Station Case No. 29 of 2020, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T