Patna High CourtCR. MISC./21793/2017bail granted

Kapil Rai v. The State Of Bihar

2017-06-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21793 of 2017 Arising Out of PS.Case No. -205 Year- 2013 Thana -KHAIRA District- JAMUI ====================================================== Kapil Rai Son of Jago Rai Resident of Village Nagowar, P.S. Khaira, District: Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar Sinha, Advocate.

For the Opposite Party : Ms. Anita Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2017 Heard both sides.

The petitioner seeks bail in Khaira P.S. Case No. 205 of 2013, corresponding to Sessions Trial No. 95 of 2017 registered for the offences punishable under Sections 364, 302, 201 and 34 of the Indian Penal Code.

The informant widow of the deceased alleged that her husband had gone to village Sitamadih and he was found missing from near the house of Kapil Rai, the petitioner. The dead body of the deceased was recovered from a well situated near the house of the informant.

Learned counsel for the petitioner submits that nobody has seen the occurrence. It has nowhere come that the petitioner was found in the company of the deceased. Save and except

Patna High Court Cr.Misc. No.21793 of 2017 (3) dt.22-06-2017 2/2 suspicion there is no material. During course of investigation the witnesses stated that the petitioner had earlier altercation with the deceased.

Having considered the facts aforesaid and the fact that there is no eye witness of the occurrence and on mere suspicion the petitioner is in jail, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-2nd , Jamui in Khaira P.S. Case No. 205 of 2013, corresponding to Sessions Trial No. 95 of 2017.

(Prabhat Kumar Jha, J.) KKSINHA/- U T