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Patna High CourtCR. MISC./48122/2016bail granted

Rajesh Das v. The State Of Bihar

2016-12-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48122 of 2016 Arising Out of PS.Case No. -263 Year- 2014 Thana -KHODAWANPUR District- BEGUSARAI ======================================================

1. Rajesh Das Son of Rajendra Das, resident of Village- Mohaddipur, P.S.- Hasanpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Sections 302/120B/34 of the Indian Penal Code.

Husband of the informant died and on the statement of the informant UD Case No.7 of 2014 was registered, which is evident from the impugned order. After ten months of the U.D. case, the informant filed a complaint petition naming the petitioner and others as murderers and the complaint case was sent to the police for registration of the present Khodabandpur P.S. Case No. 263 of 2014 and, thereafter, there is statement of some witnesses under Section 164 Cr.P.C., who claimed to be the

Patna High Court Cr.Misc. No.48122 of 2016 (2) dt.20-12-2016 2/2 eyewitness of the occurrence. They further claimed that they could not depose earlier due to threat given by the accused persons.

Learned counsel for the informant opposed the prayer for bail.

Considering the delayed disclosure of the name of the assailants, let petitioner, above named, 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 learned SubDivisional Judicial Magistrate, Manjhaul, Begusarai/Successor Court, in connection with Khodaband P.S. Case No.263 of 2014. (Birendra Kumar, J) Mkr./- U T