Rajesh Saw @ Rajesh Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10463 of 2021 Arising Out of PS. Case No.-54 Year-2018 Thana- JURAWANPUR District- Vaishali ====================================================== Rajesh Saw @ Rajesh Gupta Son Of Upendar Sah R/O Village- Jurawanpur Barazi, P.S.- Jurawanpur, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratan Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. 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 after restoration of normalcy. The petitioner is apprehending his arrest in connection with Jurawanpur P.S. case No.54/2018 registered under Sections 302, 201, 120(b) of the Indian Penal Code.
Prosecution case, in short, is that the accused persons including the petitioner caused death of the informant's daughter
Patna High Court CR. MISC. No.10463 of 2021(2) dt.24-01-2022 2/3 and her dead body was disposed of by them.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It has further been submitted on behalf of the petitioner that the deceased is said to have died due to illness as she was suffering from diarrhoea. In course of investigation, the witnesses in paragraph No.s55, 56, 57 and 58 of the case diary have also stated that the deceased died due to diarrhoea, as it is evident from the order of the Sessions Court. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the facts and circumstances, the
Patna High Court CR. MISC. No.10463 of 2021(2) dt.24-01-2022 3/3 petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jurawanpur P.S. case No.54/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T