Rajesh Kumar @ Mantu Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40819 of 2018 Arising Out of PS. Case No.-55 Year-2018 Thana- GORIAKOTHI District- Siwan ======================================================

1. Rajesh Kumar @ Mantu Sah, S/o Devlal Sah, R/o Vill.- Goreakothi, P.S.- Goreakothi, District- Siwan.

2. Gopaljee Sah S/o Devlal Sah, R/o Vill.- Goreakothi, P.S.- Goreakothi, District- Siwan.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Satyam Shivam Sundaram, Adv.

For the Opposite Party :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-08-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Goreakothi P.S. Case No. 55 of 2018 registered for the offences punishable under Sections 302, 379 and 34 of the Indian Penal Code.

Informant in her fardbeyan has stated that she solemnized her marriage with Rijawan Alam and living with him as his wife in a rental house at Surat. She stated that her husband used to meet her parents but they were not happy with her marriage. It has been alleged informant alongwith her parents came to Goreakothi where all the accused started pressuring her for divorce thereafter on telephone she informed her husband to take her back. On her request her husband send his friend Mujier Ansari to bring her back. Informant and Mujier

Patna High Court Cr.Misc. No.40819 of 2018(3) dt.31-08-2018 2/2 Ansari made plan to run away but when they were fleeing away in the car without any information to her family it is alleged that accused persons and villagers assaulted Mujier Ansari mercilessly as a result of which he died.

It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. The allegation against them are false and concocted. They have been implicated in this case only because they are uncles of informant and they are not much concern with family affairs of informant and his father. It has come during investigation that large number of villagers got assembled and assaulted deceased when they were trying to flee away from village. They have got no criminal antecedent and they are in custody since 24.03.2018. Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Goreakothi P.S. Case No. 55 of 2018.

(S. Kumar, J) Rajiv/manoj U T