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Patna High CourtCR. MISC./74647/2018bail granted

Rajan Rajak v. The State Of Bihar

2019-01-30Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74647 of 2018 Arising Out of PS. Case No.-121 Year-2018 Thana- KHODAWANDPUR District- Begusarai ====================================================== Rajan Rajak Son of Suresh Rajak Resident of Village- Meghaul, Ward No. 3, Police Station- Khodawandpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rai Mukesh Sharma For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-01-2019 Heard the parties.

The petitioner seeks pre-arrest bail in Khodawanpur P.S.Case No.121 of 2018 registered under Sections 302, 201/34 of the Indian Penal Code.

The accusation is that on 16.06.2018 at 4 P.M. in the evening Rahul Kumar, son of the informant Rajendra Sahani had gone to the village for playing but he did not return back to his house and in spite of search no trace was found. On 17.06.2018 in course of search the dead body of his son was found in naked condition at the bank of the Burhi Gandak river. On seeing the dead body near the river the informant raised suspicion against the petitioner and four others having hand in the murder on drawning of the son of the informant after

Patna High Court Cr.Misc. No.74647 of 2018(3) dt.30-01-2019 2/2 kidnapping him because before two days daughter of Shambhu Rajak had eloped with some one due to which they had threatened the informant of his dire consequences. Learned counsel appearing on behalf of the petitioner submits that except the suspicion raised by the informant without any basis there is nothing against the petitioner. Further submission is that co-accused, namely, Munni Devi has already been granted privilege of anticipatory bail vide order dated 5.12.2018 passed in Cr.Misc. No.60583/18 The petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., Manjhaul, in Khodawanpur P.S.Case No.121/18 Subject to the conditions as laid down under Section 438(2) of Cr.P.C. and further condition is that one surety must be of own relative of the petitioner.

(Rajendra Kumar Mishra, J) aks/- U