Patna High CourtCR. MISC./60664/2019bail granted

Md. Rabesh @ Rabe Hasan @ Md. Rabe Hasan v. The State Of Bihar

2019-10-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60664 of 2019 Arising Out of PS. Case No.-274 Year-2018 Thana- JOKIHAT District- Araria ====================================================== MD. RABESH @ RABE HASAN @ MD. RABE HASAN Son of Nabi Hasan Resident of Village - Bochi, P.S.- Bairgachhi, Distt - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Jokihat P.S. Case No. 274 of 2018 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

As per FIR husband of informant had gone out from the house but did not come back for a long time and when informant made a call to his mobile, which was found switched off and thereafter his dead body was found lying in the field and informant apprehends hands of the petitioner on the ground that there was some money transaction between the petitioner and her husband.

Submission of learned counsel for the petitioner is that except suspicion there is absolutely no other incriminating circumstance against the petitioner during investigation.

Patna High Court CR. MISC. No.60664 of 2019(3) dt.17-10-2019 2/2 Heard learned APP, who has opposed the prayer for anticipatory bail stating that case diary is available till 26.2.2019 but he conceded that there is no other circumstance against the petitioner except suspicion.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 274 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T