Awadhesh Kumar @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53279 of 2015 Arising Out of PS.Case No. -244 Year- 2015 Thana -BARH District- PATNA ======================================================

1. Awadhesh Kumar @ Rajeev Kumar Son of late Shanti Bhagat resident of Village- Bahadurpur, Police Station- Athmalgola, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 302, 120 (B) and 34 of the I.P.C Allegedly, Lakshmi Narayan Prasad and Punam Devi, the mother-in-law of the petitioner, were killed in the house and it is claimed that the petitioner with 3-4 unknown killed them as the petitioner was demanding the house where they were residing. Submission is of false implication and that the petitioner was only son-in-law of the deceased Punam Devi and Punam Devi was helping the petitioner and his children in various ways so there was no occasion for the petitioner to kill Punam Devi or Lakshmi Narayan Prasad, during investigation no eye

Patna High Court Cr.Misc. No.53279 of 2015 (3) dt.15-01-2016 2/2 witness has come to say that the petitioner has committed crime and only on suspicion charge sheet has been submitted resulting the petitioner is suffering in custody since 22.06.2015. The learned A.P.P. fairly submits that there is no direct evidence against the petitioner.

In the facts and circumstances as stated above, the petitioner is directed to 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 A.C.J.M. Barh, Patna in Barh P.S. Case No. 244 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T