Patna High CourtCR. MISC./11662/2018bail granted

Jawahir Rai @ Jawahar Rai v. The State Of Bihar

2018-03-08Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.11662 of 2018 (2) dt.08-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11662 of 2018 Arising Out of PS.Case No. -508 Year- 2017 Thana -MARHAURA District- SARAN ====================================================== JAWAHIR RAI @ JAWAHAR RAI, Son of Ram Lochan Rai, resident of Village- Sihoriya, P.S.- Marhowrah, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 08.12.2017 in connection with Marhowrah P.S. Case No. 508 of 2017 for the offence registered under Sections 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that though the petitioner is not named among the persons, who had collected at the time of closing of shop by the informant's husband, and was not actively participating in the occurrence leading to the murder of her husband, the petitioner had earlier a dispute with the fatherin-law of the informant and, therefore, had threatened her fatherin-law that he would take revenge from him. The earlier incident of threat is of the year 1995. He, thus, submits that in view of the remote connection of the petitioner to the crime, he may be extended the privilege of bail.

Patna High Court Cr.Misc. No.11662 of 2018 (2) dt.08-03-2018 Learned counsel for the State submits that there is an element of doubt in the prosecution story and his name has been brought purely on suspicion.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrah P.S. Case No. 508 of 2017.

(Anjana Mishra, J) Jagdish/- U