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Patna High CourtCR. MISC./63959/2022bail granted

Randhir Rajak v. The State Of Bihar

2023-02-25Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63959 of 2022 Arising Out of PS. Case No.-126 Year-2022 Thana- SALAKHUA District- Saharsa ====================================================== Randhir Rajak Son of Anil Rajak, R/o Village- Parasbanni Ward No.15, P.S.- Salkhua (BANMA Ithari O.P.), District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Saharsa (Salkhua) P.S. Case No. 126 of 2022, lodged under Sections 498(A), 494, 120(B), 302/34 of the Indian Penal Code. As per prosecution case, the informant has narrated a story in the F.I.R. that marriage of his daughter was solemnized with one Akhilesh Rajak 14-15 years back. After marriage her daughter had two sons. It has been submitted that the husband of her daughter went to Delhi for earning money where he solemnized marriage with another lady, since then the husband of her daughter and family members use to torture the

Patna High Court CR. MISC. No.63959 of 2022(2) dt.25-02-2023 2/3 informant's daughter. In this regard her daughter had already filed a sanha in the year 2018 that her husband and his family members are threatening to kill her. On 04.06.2022 the informant had received information that her daughter was killed, thereafter, she went there and found that her daughter was killed and then she filed a case against 8 named accused persons. In the said F.I.R. the name of petitioner, Randhir Rajak has not been mentioned.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. He further submits that name of petitioner has figured in this case during investigation when Police has found that he was in telephonic/ mobile contact with the deceased, and only on the suspicion that they use to talk on mobile, his name has figured in this case. Learned counsel for the petitioner further submits that antecedent of petitioner is clean and he is in custody since 09.06.2022. He further submits that charge sheet has already been submitted and the present case against the petitioner is going on by virtue of suspicion.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and

Patna High Court CR. MISC. No.63959 of 2022(2) dt.25-02-2023 3/3 the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Saharsa in connection with Saharsa (Salkhua) P.S. Case No. 126 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T