Serajuldin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2322 of 2021 Arising Out of PS. Case No.-334 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== SERAJULDIN SON OF ISU MOHAMAD RESIDENT OF VILLAGE - NAINI, P.S. - CHAPRA MUFASSIL, DISTRICT - SARAN AT CHAPRA. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Manoj Kumar, Advocate.

For the State :

Mr. Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 06.01.2021, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner apprehends his arrest in connection with Chapra Mufassil P.S. Case No.334 of 2020 registered under Sections 302 and 201/34 of the Indian Penal Code. The accusation is that on 31.07.2020, Rohit Kumar Thakur, the son of the informant Urmila Devi, was playing outside of the house but he disappeared suddenly. While the

Patna High Court CR. MISC. No.2322 of 2021(2) dt.16-09-2021 2/3 informant searched her son Rohit Kumar Thakur but he could not be traced out. On the next day, in the morning, Serajuldin (petitioner) and Istaque Ali, came and asked the informant to search her son Rohit Kumar. Thereafter, both accompanied Vishwas Thakur, the nephew of the informant, and reached near a well, in which the son of the informant was found lying dead. In the meantime, Sahansah also came there and took the dead body of the son of the informant out of the well and put the same at the door of the informant. Thereafter, on seeing the dead body of her son, the informant started crying and weeping and on hearing the same, the villagers gathered there and called the police and the police carried the dead body of the son of the informant for post-mortem. The informant raised suspicion that her son has been killed by the aforesaid persons and their family.

Learned counsel for the petitioner submits that the petitioner was engaged in searching the son of the informant along with the nephew of the informant and the dead body of the son of the informant was found in a well but with an ulterior motive, the informant has falsely implicated the petitioner in the present case. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of

Patna High Court CR. MISC. No.2322 of 2021(2) dt.16-09-2021 3/3 the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IX, Saran at Chapra, in connection with Chapra Mufassil P.S. Case No.334 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T