Rajneesh Kumar @ Karu @ Karu Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59303 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -JHAJHA District- JAMUI ======================================================
1. Rajneesh Kumar @ Karu @ Karu Yadav, Son of Vinod Yadav,
2. Vinod Yadav @ Vinod Kumar Yadav, Son of Triloki Yadav,
3. Rampukar Yadav, son of Saukhi Yadav,
4. Rohit Yadav @ Hari Shankar @ Hari Shankar Yadav @ Holil, Son of Mathura Yadav.
5. Manav Yadav @ Manav Kumar Yadav, Son of Kapildeo Yadav, All are resident of Village- Chhapa, P.S. Jhajha, District- Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-02-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Jhajha P.S. Case No. 62 of 2017 instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that besides suspicion raised by the witnesses during investigation, there is no allegation of any specific overt act against these petitioners.
It is alleged in the written report that dead-body of the son of the informant was recovered from a ditch near the brick-
Patna High Court Cr.Misc. No.59303 of 2017 (4) dt.01-02-2018 2/3 kiln. The informant has suspected in the written report that some unknown persons have murdered his son.
Case diary has been received.
The informant in his restatement after 17 days of the occurrence has raised suspicion against these petitioners. Similarly, other witnesses have also merely raised suspicion against these petitioners.
The post mortem report is available in the case diary wherein the Doctor has opined cause of death by asphyxia due to drowning.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Jhajha P.S. Case No. 62 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jamui, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each
Patna High Court Cr.Misc. No.59303 of 2017 (4) dt.01-02-2018 3/3 and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T