Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53395 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== RAJESH KUMAR S/o Brahemdo Mahto R/o village- Devghara, Chandra Tola, P.S.- Mednichouki, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case registered under Sections 302, 120(B)/34 of the Indian Penal Code. Prosecution case, in short, is that the marriage of daughter of the informant, namely, Bibha Devi @ Basanti Devi was solemnized with co-accused Dharmendra Mahto 10 years ago. After marriage the accused persons including the petitioner always tortured her and co-accused Dharmendra Mahto was demanding Rs.2 lacs from the informant. The informant could not fulfill the demand. On 14.03.2022 at 4.10 O'clock in the morning, the accused persons including the petitioner

Patna High Court CR. MISC. No.53395 of 2022(2) dt.16-12-2022 2/2 committed murder of the daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.04.2022 and has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in the present case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, is directed be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Lakhisarai in connection with Mednichouki P.S. case No.29/2022.

Narendra/- (Sudhir Singh, J) U T