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Patna High CourtCR. MISC./4814/2016disposed

Narendra Raut v. The State Of Bihar

2016-02-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4814 of 2016 Arising Out of PS.Case No. -110 Year- 2013 Thana -BELA District- SITAMARHI ======================================================

1. Narendra Raut, Son of Bipin Raut resident of Village- Chandi Rajwara, Police Station- Bela, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Daya Shankar Prasad Sinha, Advocate For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case is that the husband of the informant went along with Shiv Shankar Paswan and others on the pretext of getting sweets prepared. On 14.11.2013 the dead body was recovered from Bishanpur embankment. After two months of the lodging of the First Information Report, the informant in her subsequent statement changed the version and stated that her husband used to reside at Patna in the house of co-accused Kiran Devi and used to prepare sweets. On occasion of the daughter's marriage of Kiran Devi some dispute arose, as a result, the husband of the informant had

Patna High Court Cr.Misc. No.4814 of 2016 (2) dt.04-02-2016 to leave the house of Kiran Devi, Hence Kiran Devi, her son-inlaw and others killed the husband of the informant. It is submitted by the learned counsel for the petitioner that only on confession of co-accused Kiran Devi the name of the petitioner sprang up. Co-accused Kiran Devi has been granted bail vide Cr. Misc. No. 9684 of 2014, whereas similarly situated co-accused Baiju Raut and Chedi Rout have also been granted regular bail by two Co-ordinate Bench of this Court vide Cr. Misc. No. 49443 of 2014 and 17419 of 2015. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Bela P.S. Case No. 110 of 2013, pending in the court of learned Chief Judicial Magistrate, Sitamarhi. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T