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Patna High CourtCR. MISC./20674/2015bail granted

Satrughan Kumar Rajak v. The State Of Bihar

2015-09-16Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20674 of 2015 Arising Out of PS.Case No. -450 Year- 2014 Thana -GAYA KOTWALI District- GAYA ====================================================== Satrughan Kumar Rajak, son of Late Tutu Rajak, resident of MohallaRamshila More, P.S. Kotwali, District-Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 16-09-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.23 of 2015 arising out of Kotwali P.S. Case No.450 of 2014 registered under Sections 364, 302, 201 and 120(B) of the Indian Penal Code.

The allegation of the informant, Arti Devi, is that in the evening on 07.08.2014, her husband, Niranjan Kumar Gupta, on receiving mobile call went to the market but he did not return and on search being started by her, the two mobiles of her husband were found switched off. Thereafter, her brother-in-laws also tried to search her husband but could not trace out him. On 15.08.2014, the informant came to know that the petitioner had taken to her

Patna High Court Cr.Misc. No.20674 of 2015 (3) dt.16-09-2015 2/3 husband and when on 15.08.2014 in the evening, her brother-inlaws made query to the petitioner about her husband, he started to flee away but he was caught hold. One Babita Devi also disclosed that on 07.08.2014, the petitioner had come to her house and asked her husband to proceed with him.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. itself that the petitioner has falsely been implicated in this case on mere suspicion. No one had seen the petitioner with the husband of the informant. The petitioner is in custody since 16.08.2014 and while the petitioner has been made accused in three other cases but in all the cases, the petitioner is on bail.

On the other hand, learned A.P.P. for the State submits that in course of investigation, the dead body of the husband of the informant and that of one more person found near the railway track at Nawada Station, as detailed in paragraph-32 of the case diary, were identified.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released 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 Sessions Judge-V, Gaya, in

Patna High Court Cr.Misc. No.20674 of 2015 (3) dt.16-09-2015 3/3 connection with Sessions Trial No.23 of 2015, arising out of Kotwali P.S. Case No.450 of 2014. Out of the two sureties, one must be close relative of the petitioner.

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