Patna High CourtCR. MISC./8097/2016bail granted

Botal Rai v. The State Of Bihar

2016-02-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.8097 of 2016 (2) dt.19-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8097 of 2016 Arising Out of PS.Case No. -273 Year- 2015 Thana -MANER District- PATNA ======================================================

1. Botal Rai Son of Bambam Rai resident of Village - Sherpur, Police Station - Maner, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajanan Mishra For the Opposite Party/s Mr. T.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.02.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Brother of the informant was missing since 27.5.2015 but on 4.7.2015 informant got information about recovery of skeleton and after that he went there and identified skeleton of his brother and expressed his suspicion against the petitioner and others on the ground that prior to alleged occurrence they had given threatening of dire consequences to the deceased.

In course of investigation, wife of the deceased disclosed that the deceased had left his home in the company of the petitioner and other FIR named accused but according to the prosecution case itself, deceased had left his home on 27.5.2015 and a sanha regarding his missing was given on 29.5.2015 and the present case was instituted on 5.7.2015 but even at the time of institution of the present case, wife of the deceased had not disclosed the aforesaid fact.

Patna High Court Cr.Misc. No.8097 of 2016 (2) dt.19-02-2016 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge V, Danapur, Patna in Sessions trial no. 37A/2016 arising out of Maner P.S. Case no. 273/2015.

shahid (Hemant Kumar Srivastava,J) U T