Shailesh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1188 of 2016 Arising Out of PS.Case No. -141 Year- 2015 Thana -TARAIYA District- SARAN ====================================================== Shailesh Kumar Ray, Son of Jagdish Rai, Resident of Village- Narayanpur, P.S- Taraiyan, District - Chapra(Saran).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rakesh Kumar Tiwary For the Opposite Party : Mr. A.Ali Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Taraiyan P.S. Case No. 141 of 2015, registered under Sections 302, 201/34 of the Indian Penal Code.

The allegation of informant, namely, Sita Kuar is that on 15.07.2015 at about 12.00 noon, her son Jitendra Kumar Rai was accompanied by this petitioner, while petitioner returned back to his home at about 2.00 P.M., but the son of the informant did not return. Thereafter, informant made inquiry regarding his son from the petitioner, but petitioner could not give any satisfactory reply and on next day, the dead body of the deceased was found in the ditch of Rampur Ghogharhan chawar.

Patna High Court Cr.Misc. No.1188 of 2016 (3) dt.22-02-2016 2/2 Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. itself that there is only allegation that petitioner had moved with the deceased and on the next day, the dead body of the deceased was seen by the informant and other villagers lying in the ditch, except that there is nothing on the record. Further submission is that, in fact, neither the informant nor any witnesses have stated about the motive against the petitioner involving him in the present case and he has falsely been implicated in this case merely on suspicion. The petitioner is in custody since 27.07.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate Saran at Chapra in connection with Taraiyan P.S. Case No. 141 of 2015. (Rajendra Kumar Mishra, J.) manish/- U T