Laxuman Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6120 of 2015 Arising Out of P.S. Case No. -157 Year- 2014 Thana - MOTIHARI MUFASIL District - EAST CHAMPARAN (MOTIHARI) ====================================================== Laxuman Ram, Son of Madan Ram, Resident of Village- Basmanpur Kakahiya Tola, P.S. Muffasil Motihari, District- East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Anil Kumar, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-03-2015 Heard both sides.
The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.
The informant named the petitioner along with other accused persons and alleged that his son had gone to attend the marriage of Pappu Mahto in Village Mathiya Madhubani Ghat. Jitendra Kushwaha and Gajendra Kushwaha took his son Rohit Kumar on a motorcycle and thereafter the dead body of the son of the informant was found. The informant named the petitioner as the petitioner also conspired in killing of his son. Learned counsel for the petitioner submits that coaccused Santosh Ram has already been enlarged on bail vide order passed in Cr. Misc. No. 1441/2015. Jitendra Kushwaha, coaccused, against whom there is an allegation that he took the son
Patna High Court Cr.Misc. No.6120 of 2015 (3) dt.24-03-2015 2/2 of the informant along with Gajendra Kushwah, was granted bail vide order passed in Cr. Misc. No. 5137/2015. The name of the petitioner figured in the case in the confessional statement of coaccused and, except that, the police did not collect any tangible evidence to show the involvement of the petitioner. It appears on perusal of the record that Gajendra Kushwaha and Jitendra Kushwaha took Rohit Kumar, son of the informant, with them on a motorcycle and Rohit Kumar did not return. His dead body was found by the side of the river and the dead body bears many injuries. Even burn injuries were also found on the dead body of the deceased. Jitendra Kushwaha is said to have confessed his guilt and named the petitioner and other accused persons. Jitendra Kushwaha has already been granted bail. Santosh Rm is also granted bail.
Considering the facts aforesaid, the above named petitioner 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, Motihari, East Champaran in Muffasil Motihari P.S. Case No. 157 of 2014.
(Prabhat Kumar Jha, J) Dilip/- U T