Rajendra Raut And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74221 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- PANAPUR District- Saran ====================================================== 1.Rajendra Raut 2.Sagar Raut, Both sons of Late Ratan Raut, resident of Village- Brit Bhagwanpur, P.S. Panapur, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2019 Heard both sides.

The petitioners apprehend their arrest in Panapur P.S. Case No.135 of 2018 registered under Sections 302 and 34 of the Indian Penal Code.

The informant, son of the deceased, alleged that on 27.08.2018 at about 8:30 P.M., Sagar Raut, Rajendra Raut(both petitioners), Surendra Raut and Suresh Raut came and informed the informant about the death of his father. When the informant went to the place of occurrence, the dead body of his father was not found. Ramjas Raut and Kameshwar Singh were found taking the dead body of his father towards river. The learned counsel for the petitioners submits that there is no eye witness of the occurrence. The father of the informant died due to intake of excessive alcohal. The post-

Patna High Court Cr.Misc. No.74221 of 2018(3) dt.09-01-2019 2/2 mortem was held. No external or internal injury was found. The petitioners only informed the informant about the death of his father. Even the allegation of concealment of body is against Ramjas Raut and Kameshwar Singh and not against the petitioners. No other material has been collected.

Considering the fact that save and except that the petitioners, who informed the informant about the death of his father for taking excess alcohal, no material is collected during the course of investigation about the involvement of the petitioners in the death of the father of the informant and the fact that in the post-mortem report also, no external or internal injury was found, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Saran at Chapra in connection with Panapur P.S. Case No.

135 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T