Dharma Rishi @ Dharmendra Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39768 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- JALALGARH District- Purnia ====================================================== Dharma Rishi @ Dharmendra Rishi Son Of Rammurti Rishideo Resident Of Misharinagar, P.S.- Jalalgarh, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Jalalgarh P.S. Case No. 59 of 2022 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the prosecution, the informant's nephew was strangulated to death using a rope by this petitioner and other co-accused persons.

The main submissions advanced by learned counsel Mr. Praveen Kumar Agrawal appearing for the petitioner are that the petitioner is not the relative of the

Patna High Court CR. MISC. No.39768 of 2022(2) dt.22-11-2022 2/3 deceased and in the FIR any motive on the part of the petitioner to kill the deceased has not been revealed, the FIR of the instant matter was lodged after a delay of one day and in the FIR only suspicion has been raised against the petitioner and other coaccused persons but the same has been without any basis and even the informant did not disclosed the name of the persons through whom he got the information about accused persons including the petitioner who were involved in the murder. Further submission is that during the course of investigation any witness examined did not claim to have seen the alleged occurrence of murder, in fact due to family dispute the deceased left his house and started residing in in-laws' house of his brother where he might have committed suicide. Learned APP Mr. Satyendra Prasad, appearing for the State has opposed the prayer for bail.

Heard both the sides and perused the FIR and the order impugned. As per the FIR the informant is not an eyewitness of the alleged murder and he named the petitioner and others in the FIR as accused persons merely on the basis of information got by him from the villagers of the nearby village but he has not disclosed the name of the said villagers and in this regard the source of information was concealed in the FIR

Patna High Court CR. MISC. No.39768 of 2022(2) dt.22-11-2022 3/3 and moreover the reason or motive on the part of the petitioner to kill the deceased has not been revealed. Considering these facts as well as above submissions and petitioner's clean antecedent and his custody period, in the opinion of this Court the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner 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 Court concerned in connection with Jalalgarh P.S. Case No. 59 of 2022. (Shailendra Singh, J.) maynaz/- U T