Raju Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71699 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- PALIGANJ District- Patna ====================================================== Raju Kumar Rajak S/o Sri Nandu Rajak R/o Mohalla - Madhusudan Pal Chaudhary Lane, ward no. 9, P.S. - Baihera (Bantara), Distt. - Howrah, StateW.B. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tejendra Sinha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-11-2024 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Paliganj P.S. Case No. 151 of 2024 instituted for the offences under Sections 306, 120 of the Indian Penal Code.

3. It is alleged that deceased Reshmi Kumari committed suicide due to torture made by some unknown person.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.71699 of 2024(3) dt.21-11-2024 2/3 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of suspicion as he happens to be the husband of the deceased. Learned counsel further submitted that there is a delay of fifteen days in lodging the FIR without any plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel further submitted that there is no allegation of commission of cruelty upon the deceased. Petitioner has no role in the instigation for commission of suicide. Learned counsel further submitted that police, during course of investigation has not found any cogent material against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.05.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and there being no cogent material in the case diary against the petitioner to prove his participation in the alleged occurrence, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.71699 of 2024(3) dt.21-11-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Paliganj P.S. Case No. 151 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T