Raushan @ Machhi@ Roushan Kumar @ Macchiya v. The State Of Bihar

Patna High Court Cr.Misc. No.33065 of 2017 (4) dt.07-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33065 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -MANER District- PATNA ====================================================== Raushan @ Machhi @ Roushan Kumar @ Macchiya, Son of Rajesh Rai, Resident of Mohalla- Jhunjhun Bala Road, P.S. Danapur, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Maner P.S. Case 55 of 2017 instituted for the offence under Sections 302 and 120(B)/34 of the Indian Penal Code.

As per complaint filed by mother of the deceased, one Vishal Kumar came in the night at the house of the complainant and took her son namely Guddu Kumar with him but he did not return. In the morning, the informant got information from one Pintu Kumar that her son is dead and his dead body is lying in Sub Divisional Hospital, Danapur.

Case diary has been received.

The counsel for the petitioner has submitted that except suspicion, there is nothing against the petitioner. The police has

Patna High Court Cr.Misc. No.33065 of 2017 (4) dt.07-08-2017 arrested this petitioner on suspicion.

Learned A.P.P. has submitted that the witnesses have raised suspicion against this petitioner in different paragraphs including paragraphs 7 and 8 of the case diary. In this manner, from the written report as well as statement of the witnesses in the case diary, it appears that except suspicion, there is no specific allegation of overt act against this petitioner. The petitioner is said to be in custody since 11.2.2017. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned learned Sub Divisional Judicial Magistrate, Danapur, in connection with Maner P.S. Case No. 55 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T