Dharmendra Rajak v. The State Of Bihar

Patna High Court Cr.Misc. No.48112 of 2015 (2) dt.30-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48112 of 2015 Arising Out of PS.Case No. -254 Year- 2013 Thana -KHAGARIA District- KHAGARIA ====================================================== DHARMENDRA RAJAK, SON OF MUNNA RAJAK, RESIDENT OF VILLAGE- GOPI TOLA, POLICE STATION GANGOUR, DISTRICTKHAGARIA. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Dr. Kr.Uday Pratap(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Khagaria (Gangaur) Suppl. P.S. Case No. 254 of 2013, registered under Sections 302, 201 and 120(B)/34 of the Indian Penal Code. The allegation of informant is that on 19.04.2013, his brother, Binod Pandit, had gone to his Sasural to take his wife, Babita Devi, in Bidai. Thereafter, on 30.04.2013 he received information about committing the murder of his brother in conspiracy of his wife Babita by unknown persons. When the informant reached at the Sasural of his brother then his brother was not found there and on search, the dead body

Patna High Court Cr.Misc. No.48112 of 2015 (2) dt.30-10-2015 of his brother was found in the maize filed adjacent to his Sasural village.

Learned counsel for the petitioner summits that petitioner is not named in the F.I.R. nor there is direct allegation against him, only it has come in course of investigation that petitioner had illicit relation with Babita Devi, wife of the deceased, due to that reason suspicion has been raised against this petitioner. It is further submitted that co-accused, Babita Devi, wife of the deceased, has already been granted privilege of bail by a Bench of this Court vide order dated 19.03.2014 passed in Criminal Misc. No. 48167 of 2013.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagarai, in connection with Khagarai (Gangaur) Suppl. P.S. Case No. 254 of 2013.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T