Gajendra Rishidev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57019 of 2021 Arising Out of PS. Case No.-92 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== GAJENDRA RISHIDEV, S/o Late Darogi Rishidev R/o village- Bishanpur Ghat Tola, Ward No. 10, P.S.- Murliganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Informant has alleged in the FIR that 3 decimals of land was allotted to her mother-in-law for construction of house upon which co-accused Mani Rishidev and Gajendra Rishidev (petitioner) have forcibly constructed their house. It is further alleged that on 17.03.2020 co-accused Pramod Kumar Rishidev by alluring took away his son and his dead body was found next day.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to previous dispute and suspicion. It is further submitted that

Patna High Court CR. MISC. No.57019 of 2021(2) dt.30-03-2022 2/2 similarly placed co-accused Pramod Rishideo has been granted bail by co-ordinate bench of this court vide order dated 26.07.2021 passed in Cr. Misc. No. 2724 of 2021 as contained in Annexure-2. Petitioner has no criminal antecedent and he is in custody since 18.01.2021.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sessions Trial No. 39 of 2021 arising out of Murliganj P.S. Case No. 92/2020 with following conditions:-

(1) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below.

(2) The petitioners shall fully cooperate with the investigation / trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(S. Kumar, J) Rajiv/veenaU T