Birendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53048 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Birendra Ray, Son of Basishth Ray, Resident of Village- Deo Chanda, P.S. Piro, District Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Jagdishpur P.S. Case No. 11 of 2016, registered under Sections 302, 328 and 201/34 of the Indian Penal Code. The allegation of informant Munni Devi is that six persons named in the F.I.R., including the petitioner, got executed the sale deed from Jitendra Rai, husband of the informant in drunken condition without payment of consideration amount. When informant and other family members made request to the accused person to give the consideration amount then her husband was threatened by them. Thereafter, out of fear her husband went to Surat and before three days from the date of occurrence, he returned to his house.

Patna High Court Cr.Misc. No.53048 of 2016 (3) dt.25-01-2017 2/2 On 12.01.2016 her husband was accompanied by Bhola Singh Yadav and Shankar Rai, but he did not return to his house. Thereafter, the informant raised suspicion about committing murder of her husband by them.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that on 12.01.2016, the husband of the informant was accompanied by Shankar Rai and Bhola Singh and not by this petitioner. In course of investigation, it has also come in para 49 of the case diary that the land was sold by the husband of the informant in favour of Bhola Singh Yadav, Mahesh Singh and Shankar Rai as such the petitioner has no motive having hand in the murder of the husband of the informant. The petitioner has no criminal antecedent and he is in custody since 02.08.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur (Ara) in connection with Jagdishpur P.S. Case No. 11 of 2016. (Rajendra Kumar Mishra, J) manish/- U T