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Patna High CourtCR. MISC./40734/2016bail granted

Raushan Kumar v. The State Of Bihar

2016-12-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40734 of 2016 Arising Out of PS.Case No. -50 Year- 2015 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Raushan Kumar S/o Sri Vijay Sao @ Vijay Kumar Resident of VillageKalupur, PS- Parasbigha, District-Jehanabad (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Tiwary, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

The petitioner is brother-in-law(sala) of the deceased Niranjan Kumar. Allegation against the petitioner is that the wife of the deceased and other family members committed murder of Niranjan Kumar by administering poison. Submission of the petitioner is that there is no material to substantiate that the petitioner or other family members had motive to commit murder. The I.O. found the place of occurrence a verandah of a school under construction. Moreover,

Patna High Court Cr.Misc. No.40734 of 2016 (3) dt.14-12-2016 2/2 the petitioner and others carried Niranjan Kumar to the hospital when they got notice that he is not well. There is no eyewitness of the occurrence.

Learned Additional Public Prosecutor does not dispute the aforesaid facts after perusal of the case-diary. Considering the facts and circumstances, let petitioner, above named, 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 Sri Sandeep Patel, learned Judicial Magistrate, 1st Class, Jehanabad/Successor Court, in connection with Parasbigha P.S. Case No.50 of 2015. (Birendra Kumar, J) Mkr./- U T