Raj Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12915 of 2017 Arising Out of PS.Case No. -57 Year- 2016 Thana -LAXMIPUR District- JAMUI ====================================================== Raj Kumar Rajak, son of Kalit Rajak, resident of Village- Tatariya, P.S.- Barhat, District- Jamui.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-06-2017 I.A. No. 726 of 2017 Learned counsel for the informant seeks permission to withdraw the I.A. filed on behalf of the informant. Permission is accorded.

Accordingly, I.A. No. 726 of 2017 is dismissed as withdrawn.

Heard learned counsel for the petitioner, learned counsel for the State and the learned counsel for the informant. The petitioner seeks bail in a case instituted under Sections 362, 302/34 of the Indian Penal Code. The prosecution story in brief, is that the son of the informant is traceless since 22.04.2016. On 25.04.2016 in the Noon, the informant received information that a dead body was floating in the Well and he identified to be his son. He suspected that the accused persons including the petitioner have murdered his son as there was a love affair between the son of the informant

Patna High Court Cr.Misc. No.12915 of 2017 (4) dt.28-06-2017 2/3 and the daughter of co-accused namely Kalit Rajak. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.09.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been named in the F.I.R. merely on the basis of suspicion. There is no direct or indirect evidence against the petitioner. The motive is alleged to be the love affairs between the deceased and the daughter of one of the accused persons. The other co-accused have been granted bail vide Annexure 2 and 3 to the present application.

On behalf of the state and the counsel for the informant, it has been submitted that the petitioner is named in the F.I.R. and the cloth of the deceased is said to have been recovered from the possession of the accused persons. From the perusal of the case diary and the seizure list, it appears that no such article is said to have been recovered from the possession of the accused persons. Considering the aforesaid facts and circumstances that the other co-accused have been granted bail, let the petitioner above named, be released 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 Amrendra Kumar, J.M.1st Class, Jamui in

Patna High Court Cr.Misc. No.12915 of 2017 (4) dt.28-06-2017 3/3 connection with Laxmipur P.S. Case No. 57 of 2016. (Sudhir Singh, J) Amit/- U T