Rakesh Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.23726 of 2017 (3) dt.29-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23726 of 2017 Arising Out of PS.Case No. -211 Year- 2016 Thana -JALE District- DARBHANGA ======================================================

1. Rakesh Kumar Singh Son of Shri Maheshwar Prasad Resident of VillageKrishna Nagar, P.S. - Katra, District- Muzaffarpur(Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jay Prakash Sharma For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-06-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner seeks bail in Jale P.S. Case No. 211 of 2016 instituted for the offence under Sections-364 of the Indian Penal Code in which, later on, Sections-302, 201, 120(B) of the Indian Penal Code was also added.

It is alleged in the written report that husband of the informant went to Pupri with Md. Arman for purchase of motorcycle but he did not return. Thereafter, a call came on the mobile phone of wife of the deceased from Md. Arman that her husband has met with an accident. Thereafter, mobile was switched off. It is alleged that Md. Muntazir ( since deceased) husband of the informant had dispute on the point of exchange of

Patna High Court Cr.Misc. No.23726 of 2017 (3) dt.29-06-2017 money with Md. Sayeed and the informant suspected that Md. Sayeed and Md. Arman might have committed occurrence with her husband.

Counsel for the petitioner submits that name of this petitioner has come in the statement of spy as mentioned in para21 of the case diary and thereafter, the police recorded the confessional statement of petitioner in para-29 of the case diary. It is further submitted by APP that on the basis of confessional statement of this petitioner, the dead body of the deceased has been recovered which is mentioned at para-52 of the case diary. In such manner, from the materials available in the case diary as also the fact that there is no role of the petitioner in commission of murder of husband of the informant, prayer for bail is allowed. The petitioner, named above is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount in connection with Jale P.S. Case No. 211 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Darbhanga subject to condition that both the bailors should be close relatives of the petitioner.

(Sanjay Priya, J) A.K.V./- U T