Rajmangal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40638 of 2020 Arising Out of PS. Case No.-242 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== RAJMANGAL RAY S/o Bhola Ray R/o Village - Bhimalpur, P.S. - Mahesi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-07-2021 Heard Mr. Santosh Kumar, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Chakiya P.S. Case No. 242 of 2020, which was initially instituted for the offence under Section 365 of the Indian Penal Code but later on Sections 302 , 364 and 34 of the Indian Penal Code was added. It has been submitted on behalf of the petitioner that he has not been named in the F.I.R. He is sought to be prosecuted in this case only on the basis of suspicion and on confession of one of the arrested accused persons of this case, namely, Amit Kumar. Even in the confessional

Patna High Court CR. MISC. No.40638 of 2020(3) dt.19-07-2021 2/3 statement, there is nothing to indicate the participation of the petitioner in the matter. It appears that since the son of the petitioner was in the company of male-factors, he has been made accused in this case. In any view of the matter, learned counsel for the petitioner has submitted that but for suspicion and confession of an arrested accused person, there is no other material to connect the petitioner with the crime. It has further been submitted that the deceased had married the informant without the consent of the family members of the informant. This perhaps had irked many of the family members of the informant, who also could have had a hand in the killing of the deceased.

Be that as it may, the sheet-anchor of the argument of learned counsel for the petitioner is that beyond suspicion, there is nothing to warrant prosecution of the petitioner in the matter.

For the afore-stated facts, by order dated 16.06.2021, the petitioner was granted provisional bail and the case diary was called for.

For the reasons noted above, provisional bail of the

Patna High Court CR. MISC. No.40638 of 2020(3) dt.19-07-2021 3/3 the petitioner is hereby confirmed.

The petitioner shall remain on the same bail bonds. The application stands allowed accordingly.

(Ashutosh Kumar, J) sunilkumar/- U T