Binod Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37681 of 2018 Arising Out of PS. Case No.-327 Year-2017 Thana- JHAJHA District- Jamui ====================================================== Binod Ray S/o Dhano Ray, R/o Vill.- Ghawatiya, P.S.- Jhajha, District- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Sri Gauri Shankar Gupta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Jhajha P.S. Case No. 327 of 2017 (S.T. No. 52 of 2018) registered for the offences punishable under Sections 363, 364, 302, 201, 120(B)/34 of the Indian Penal Code. Informant in his written complaint has stated that on 01.10.2017 petitioner who is fufa of the informant came to his house and took away his father and sister. It has been further stated that when his father and sister did not return then he searched at the house of his Fufa but he was not in his house and on 07.10.2017 he got information that his Fufa had gone to Delhi along with his sister. On Delhi station his Fufa fled away and left his sister and she came back and narrated the story and on search got dead body of his father which has been identified by them. It has been further stated that petitioner and Binod
Patna High Court Cr.Misc. No.37681 of 2018(3) dt.10-09-2018 2/2 Yadav killed his father and tried to sell his sister in Delhi. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Whole story as spelt out is concocted, false and unbelievable. It has been further stated that the date of occurrence is 01.10.2017 but F.I.R. has been lodged on 09.10.2017 after 8 days delay which itself creates serious doubt. Similarly placed co-accused Binod Yadav has been granted bail in Cr. Misc. No. 30486 of 2018 vide order dated 17.05.2018 by another co-ordinate Bench of this Court. He is in custody since 17.10.2017 and he has no criminal antecedent.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Vishwanath Singh, learned Additional District & Sessions Judge 2nd Jamui, in connection with Jhajha P.S. Case No. 327 of 2017 (S.T. No. 52 of 2018).
(S. Kumar, J) Rajiv/- U T