Ramraj Bind And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.44435 of 2014 (4) dt.20-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44435 of 2014 Arising Out of PS.Case No. -96 Year- 2014 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================

1. Ramraj Bind Son of Baijnath Bind

2. Dharmraj Bind Son of Baijnath Bind BothR/o Village Buchha, P.S. Bhagwanpur, District Kaimur at Bhabhua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Adv For the Opposite Party/s : Mr. Amit Kr. Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-04-2015 Heard learned counsel for the petitioners, learned APP and learned counsel for the informant.

There happens to be allegation against accused, Kaushalya Devi to have taken away the deceased, Ashok Bind from his house to her place at 1:00 a.m. in between 21/22.05.2014 and since thereafter, Ashok Bind became traceless. His dead body was recovered from a well on 24.05.2014.

For the aforesaid occurrence, a complaint petition was filed on 18.06.2014. It has also been incorporated that police was informed after seeing the injuries present over the dead body of the deceased. However, as instructed by the police, they cremated the dead body.

After going through the case diary, it appears that

Patna High Court Cr.Misc. No.44435 of 2014 (4) dt.20-04-2015 none had claimed the deceased to be in company of these two petitioners. Furthermore, presence of ante-mortem injury over dead body of deceased has not been corroborated by the wife of deceased Dhanwati Devi examined under para-9 of the case diary. Furthermore, the informant in his further statement had disclosed that there was some sort of dispute on account of execution of gift by her father-in-law in favour of deceased regarding his share. That being so, petitioners, Ramraj Bind and Dharmraj Bind, in the event of their arrest/surrender within four weeks, are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhagwanpur PS Case No. 96/2014, GR No.1212/2014, subject to the condition as laid down under Section 438(2) Cr.P.C.

(Aditya Kumar Trivedi, J) perwez U T