Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44664 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== RAJESH KUMAR Son of Ram Narayan Singh Resident of Village - Nigma, P.S.- Kurtha, Distt - Arwal, at present residing at Mohalla - DVC Chowk, Old Jakkanpur, P.S. - Gardanibagh, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ Manu, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code.

Some unknown person initially kidnapped and thereafter committed murder of the husband of the informant. The FIR is against unknown. Suspicion has been raised against a girl of Kolkata who had relationship with the husband of the informant. Further suspicion is against the petitioner due to dispute relating to dealing with the land. Suspicion is also against co-accused Tarkeshwar of Ranchi and Jury of Taramandal. Petitioner was arrested in this case on the aforesaid

Patna High Court CR. MISC. No.44664 of 2019(3) dt.27-09-2019 2/2 material and confessional statement of the petitioner was recorded by the police while in police custody and on disclosure statement of the petitioner, dead body was recovered. Learned counsel for the informant opposed the prayer on the ground of aforesaid material.

Considering the facts that since there is no direct evidence against the petitioner and confession before the police cannot be proved during trial of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Shashtrinagar Police Station Case No. 173 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T