Yogendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37531 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Yogendra Rai, Son of Ram Udit Rai, resident of Village- Chak Mohammad Chisti, Police Station- Ganga Bridge, District- Vaishali. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar, Adv. For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
According to FIR, for land dispute, on the order of this petitioner, other named co-accused assaulted the wife of the informant in his presence as a result whereof, she died.
Submission of the learned counsel for the petitioner is that the Doctor has not found any external injury on the body of the deceased. There is a case and counter case between the parties and other eye witnesses have stated
Patna High Court Cr.Misc. No.37531 of 2017 (3) dt.17-10-2017 before the police that the co-accused Raju Mahto assaulted with khanti which is a weapon of cutting and penetration. The Doctor did not find any sign of injury by such weapon. Hence, apparently the whole prosecution case appears to be a concoction one.
Considering the fact, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (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 Ganga Bridge P.S.Case No.30 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner 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. (Birendra Kumar, J) Nitesh/- U