Harendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60301 of 2021 Arising Out of PS. Case No.-58 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== HARENDRA RAI S/o Late Bhuthur Ray @ Mathur Ray R/o village - Khodha, P.S.- Chirayiya, Distt.- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s :
Mr. Binod Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with S.Tr. No. 333 of 2021 arising out of Chiraiya P.S. Case No. 58 of 2021 instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 19.03.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that his daughter was married to Ranjan Kumar and after marriage Ranjan Kumar was demanding Rs.1,00,000/- for motorcycle. Further, on 09.03.2021, Ranajn Kumar took his minor brother-in-law for
Patna High Court CR. MISC. No.60301 of 2021(2) dt.21-03-2022 2/3 showing a fair and on 15.03.2021 Ranjan Kumar informed that the deceased was missing. It is further alleged that subsequently Ranjan Kumar disclosed that he had killed the victim by strangulating him and his father (petitioner) helped him in disposing of the dead body.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case merely because he is father of Ranjan Kumar. It is further submitted that even assuming what has been alleged is true without admitting for the purposes of bail then the allegation against the petitioner is that his son (Ranjan Kumar) disclosed that he helped in disposing of the body of the deceased, as such, at best it is a case under Section 201 of the Indian Penal Code which is bailable. It is further submitted that Ranjan Kumar is in custody. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted and taking into consideration the submissions made by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.60301 of 2021(2) dt.21-03-2022 3/3 amount each to the satisfaction of learned Additional District & Sessions Judge-22, East Champaran, Motihari in connection with S.Tr. No. 333 of 2021 arising out of Chiraiya P.S. Case No. 58 of 2021.
(Satyavrat Verma, J) Kundan/- U T