Rudal Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.25396 of 2017 (4) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25396 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Rudal Kumar, son of Indradeo Prasad, R/o Village Gulani, P.S. Hilsa, Dist.- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rewti Kant Raman For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ekangar Sarai P.S. Case No. 164 of 2016, registered under Sections 302 and 201/34 of the Indian Penal Code. The accusation of informant, Rakesh Kumar, is that, on 05.12.2016, his sister, Pinku Kumari, had gone to school, but she did not return. In course of search, he came to know that Naolesh Kumar, Sintu Kumar, Rudal Kumar (petitioner) and Munna Kumar enticed away his sister on 07.12.2016. Thereafter, the informant came to know that a dead body is lying near the Ekangarsarai Railway Station, on which, he went there and saw the dead body of his sister. The informant raised suspicion about

Patna High Court Cr.Misc. No.25396 of 2017 (4) dt.09-11-2017 killing of his sister by the aforesaid persons. Learned counsel for the petitioner submits that it would appear from the F.I.R. and the whole case diary that there is no eye witness to the occurrence and not a single witness have stated about moving the petitioner with the deceased sister of the informant. In course of investigation, the Investigating Officer found a mobile set near the dead body of the sister of the informant, which belongs to co-accused, Naolesh Kumar. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, in connection with Ekangar Sarai P.S. Case No. 164 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T