Rajendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6294 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -KURSAKANTA District- ARRARIA ====================================================== Rajendra Sah, Son of Agam Lal Sah, Resident of Village- Maigra, P.S.- Kursakanta, District- Araria.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner apprehends his arrest in connection with Kursakanta P.S. Case No. 128 of 2015 registered for offences punishable under Sections 364/34 of the Indian Penal Code, which was later on converted into Sections 302, 201, 120(B)/34 of the Indian Penal Code.
The prosecution case, in brief, is that on 12.10.2015 at 9:00 P.M., husband of the informant, Dayanand Sah after taking dinner, went to sleep at Mill house. He bolted the room from inside. Accused persons having broken the corner of the Mill house, took away the husband of the informant. After hectic search, he could not be traced. The accused persons kidnapped the
Patna High Court Cr.Misc. No.6294 of 2016 (3) dt.02-03-2016 2/3 husband of the informant with a view to kill him as on 11.10.2015 at 7:00 P.M., accused persons along with petitioner had come to the Mill house and threatened her to be ready to face dire consequences whereafter her husband had been kidnapped and subsequently killed.
It has been submitted by the counsel for the petitioner that there is a land dispute between the parties and petitioner is innocent having no criminal history and there is no eye-witness to the said occurrence. It has further been submitted that except the confessional statement of co-accused Sumitra Devi, there is nothing against him. Learned counsel for the petitioner further submits that said Sumitra Devi, who is alleged to be a co-accused, has since been granted the privilege of bail under order dated 24.02.2016 passed in Cr. Misc. No. 4028 of 2016. However, learned A.P.P. for the State submits that the complicity of the petitioner in the aforesaid case is evident from the statements recorded in paragraphs 48, 83, 84 of the case diary and opposes the prayer for bail.
Be that as it may, since the co-accused has already been granted bail by this Court, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on
Patna High Court Cr.Misc. No.6294 of 2016 (3) dt.02-03-2016 3/3 furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, District Araria in connection with Kursakanta P.S. Case No 128 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J.) Arjun/- U T