Munna Rajak @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43445 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- BANSHI District- Jehanabad ====================================================== Munna Rajak @ Munna Kumar S/O Subedar Rajak @ Sukhdar Rajak Resident of Village- Mali, P.S. Banshi, District Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B), 201, 120(B) and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that petitioner is not related either to the deceased or to the husband of the deceased and being a co-villager, he has been implicated in the instant case based on confessional statement of Chandan.

4. The learned counsel for the petitioner next submits that from perusal of the allegation as alleged in the F.I.R., it

Patna High Court CR. MISC. No.43445 of 2024(2) dt.02-07-2024 2/3 would manifest that the informant alleges that his daughter was killed and thereafter her body was concealed and during the course of investigation, the confessional statement of Chandan was recorded who stated that petitioner also requested him to conceal the dead body before the police arrives, it is next submitted that confessional statement of an accused in police custody does not have any evidentiary value, but since the dead body of the deceased was recovered based on the confession of Chandan, as such, his statement with respect to the petitioner cannot be ruled out outrightly, but then it is submitted that even presuming what has been stated by Chandan in his confessional statement is true, in that event he has not alleged that petitioner was involved in killing of the deceased rather he has stated that petitioner had requested him to conceal the dead body of the deceased before the police arrives, as such, at best Section 201 of the IPC is attracted which is bailable.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.43445 of 2024(2) dt.02-07-2024 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Banshi P.S. Case No. 03 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T