Jai Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15840 of 2015 Arising Out of PS.Case No. -94 Year- 2014 Thana -HATHUA District- GOPALGANJ ======================================================

1. Jai Prakash Rai Son of Ram Surat Rai Resident of Village - Mirzapur, P.S. - Hathwa, Dist. - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Rai, Advocate For the Opposite Party/s : Mr. T.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner and the State.

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

It is alleged that co-accused Goldi Kumari took the husband of the informant on 31.05.2014 to her house that the petitioner being the father of Goldi Kumari calling him for making payment. Subsequently, another daughter of the petitioner conveyed that the victim might have gone to Siwan and ultimately this petitioner conveyed that the dead body of the victim has drowned in a well. It is submitted by the learned counsel for the petitioner that for the occurrence of 31.05.2014 First Information Report was registered on 19.09.2014,

Patna High Court Cr.Misc. No.15840 of 2015 (2) dt.16-04-2015 whereas U.D. Case No. 02 of 2014 was registered on the very next date of the occurrence.

Considering the post-mortem suggesting that the death was due to asphyxia, as a result of drowning. The co-accused Goldi Kumari and Jyoti Kumari have been granted bail vide Cr. Misc. No. 10126 of 2015. Statement has been made in paragraph-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Hathwa P.S. Case No. 94 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T