Manoj Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 23344 of 2018 Arising Out of PS.Case No. -41 Year- 2017 Thana -AMNAUR District- SARAN ====================================================== Dipan Ray @ Vipan @ Vipan Ray, Son of Late Nirshukh Ray, resident of Village - Dholahi, Kaithal (Nara Par), P.S. - Amnaur, District - Saran at Chapra .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No. 27015 of 2018 Arising Out of PS.Case No. -41 Year- 2017 Thana -AMNAUR District- SARAN ====================================================== Manoj Ram, Son of Chandeshwar Ram, Resident of Village - Dholahi Kaithal, Police Station - Amnour, District - Saran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.23344 of 2018) For the Petitioner : Mr. Ranvijay Singh For the Opposite Party : Mr. Sri Chaubey Jawahar (In Cr.Misc. No.27015 of 2018) For the Petitioner : Mr. Satya Prakash For the Opposite Party : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offences punishable under Sections 376, 302, 201 of the Indian Penal Code as well as Section 3/4 of the Protection of Children from Sexual Offenses Act, 2012.
On 11.03.2017, FIR was lodged against unknown on
Patna High Court Cr.Misc. No.23344 of 2018 (5) dt.07-08-2018 2/3 recovery of dead body of the granddaughter of the informant whose murder was committed by slitting the throat and causing injury with knife at different parts of the body. On 25.12.2017, confessional statement of co-accused Ravindra Rai was recorded by the police wherein he admitted his guilt as well as guilt of the petitioners in committing rape with the deceased as well as in commission of murder.
Submission of learned counsel for the petitioners is that the petitioners have got no criminal antecedent and they are in custody since 05.03.2018. Confession of the co-accused before the police has got no evidentiary value. There is no other material to substantiate the allegation. Investigation of the case is already closed.
Considering the fact that there is no substantial material against the petitioners, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Amnaur Police Station Case No. 41 of 2017, subject to the condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of
Patna High Court Cr.Misc. No.23344 of 2018 (5) dt.07-08-2018 3/3 the petitioners as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.
(Birendra Kumar, J) Kundan/- U T