Patna High CourtCR. MISC./20914/2016bail granted

Ramjivan Thakur v. The State Of Bihar

2016-05-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20914 of 2016 Arising Out of PS.Case No. -80 Year- 2015 Thana -PIPRAHI District- SHEOHAR ====================================================== Ramjivan Thakur Son of Nageshwar Thakur resident of village - Pakaree, P.S. Piprahi @ Piparahi, District - Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-302, 201 of the Indian Penal Code.

One unknown dead body was recovered and on the basis of statement of local Chowkidar, the present case was lodged against unknown on 23-10-2015. Subsequently, the dead body was identified and father of the deceased filed protest petition on 0411-2015 against the investigation and claimed that it were the petitioner and two others, who took the deceased from his house and subsequently, the dead body of the deceased was recovered. Submission on behalf of petitioner is that the petitioner and the deceased are co-villagers and, as a matter of

Patna High Court Cr.Misc. No.20914 of 2016 (2) dt.19-05-2016 2/2 fact, there was dispute between the father of the deceased and the petitioner and, that is why, after much delay, father of the deceased filed protest petition, levelling false allegation against the petitioner and others. It is also pointed out that having more or less similar allegation, one co-accused namely, Sudhir Thakur has already been granted privilege of anticipatory bail by a coordinate bench of this court.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Piprahi P.S. Case No. 80 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Sheohar. (Hemant Kumar Srivastava, J) A.K.V./- U T