Dharmdeo Rai v. The State Of Bihar
Patna High Court Cr.Misc. No.30908 of 2014 (03) dt.23-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30908 of 2014 Arising Out of PS.Case No. -58 Year- 2013 Thana -AMNAUR District- SARAN ====================================================== Dharmdeo Rai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghwendra Kumar-Advocate For the Opposite Party/s : Mr. Manoj Kumar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 23-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Dead body of deceased Raju Kumar was found behind the house of Ram Dahin Rai having some sign of antemortem injuries whereupon his mother Kanti Kunwar, informant filed instant case putting suspicion against four persons namely Lambu Tiwari, Bishundeo Rai, Dharmdeo Rai (petitioner) as well as Ram Dahin Rai. It has also been disclosed that on the preceding day, there was an altercation in between deceased and Lambu Tiwari over keeping of husk.
Gone through the case diary available upto Para-57, none had alleged against the petitioner either to have in company of deceased or with regard to his previous conduct. Contrary to it, the material has been collected with regard to persisting illicit
Patna High Court Cr.Misc. No.30908 of 2014 (03) dt.23-03-2015 relationship in between Sunita Devi, wife of Bishundeo Rai, coaccused with the deceased and that has also been shown as a motive.
On account thereof, petitioner Dharmdeo Rai is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Amnour P. S. Case no.58 of 2013, in event of his arrest or surrender within four weeks in terms of condition so prescribed under Section 438(2) of the Cr.P.C. (Aditya Kumar Trivedi, J) Vikash/- U T