Ravindra Rao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3598 of 2016 Arising Out of PS.Case No. -354 Year- 2011 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ravindra Rao son of Beyas Govind Rao resident of Village- Chandraul, Police Station- Nawalpur (Jogapatti), District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code.

The prosecution case is that co-accused Jagdish Yadav came to the house of the informant and requested the brother of the informant Janak Yadav to go to the house of Ramdutt Roy in the marriage. Initially, he was not inclined, but subsequently he went with Jagdish Yadav. While returning back, he was throttled by Ramanand Yadav, Vijay Yadav and the petitioner Ravindra Rao.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.3598 of 2016 (2) dt.22-01-2016 petitioner that though the petitioner was initially named in the First Information Report with maliciously accusation, but subsequently informant retracted form the initial version exonerating the petitioner by filing a protest petitioner. The same has been brought on record as Annexure-2. Admittedly, the informant was not an eye witness to the occurrence. On conclusion of investigation the petitioner was not sent up for trial, but differing with the Final Form, cognizance has been taken. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the fact that the petitioner was not sent up for trial, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Shri N.P. Singh, J.M., Ist Class, Bettiah, West Champaran in connection with Jogapatti (Nawalpur) P.S. Case No. 354 of 2011, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T