Rajendra Sao @ Rajendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73245 of 2019 Arising Out of PS. Case No.-203 Year-2008 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
RAJENDRA SAO @ RAJENDRA SAH Son of Late Ugga Sao Resident of Village - Bakari, P.S.- Udvant Nagar, Distt - Bhojpur (Ara) 2.
Rabindra Sao @ Rabindra Sah Son of Ugga Sao Resident of Village - Bakari, P.S.- Udvant Nagar, Distt - Bhojpur (Ara) 3.
Rajesh Sao @ Rajesh Sah Son of Rajendra Sao Resident of Village - Bakari, P.S.- Udvant Nagar, Distt - Bhojpur (Ara) 4.
Suresh Sao @ Suresh Sah Son of Late Shivbachan Sao Resident of Village - Bakari, P.S.- Udvant Nagar, Distt - Bhojpur (Ara) 5.
Naga Sao @ Naga Sah Son of Suresh Sao @ Suresh Sah Resident of Village - Bakari, P.S.- Udvant Nagar, Distt - Bhojpur (Ara) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bachan Jee Ojha For the Opposite Party/s :
Mr.Anant Kumar 1 For the Informant :
Mr. A.N. Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-11-2019 Heard learned counsel for the parties.
Petitioners are apprehending their arrest in connection with Udwant Nagar P.S.Case No.203 of 2008 , registered for offences punishable under Sections 302, 201, 34 of the Indian Penal Code.
As per FIR, petitioners have taken the husband of the informant and thereafter the dead body was found on the next day in the morning.
Patna High Court CR. MISC. No.73245 of 2019(2) dt.19-11-2019 2/3 Submission of the learned counsel for the petitioners is that the police after full investigation has found the case as mistake of her and submitted final form and during the investigation no injury was found on the person of the deceased and even viscera was preserved and FSL report does not show any other incriminating materials , however, later on cognizance has been taken on the basis of the order passed in the revision application filed by the informant and others. Further submission is that the deceased was last seen along with the petitioners and thereafter the dead body was found . Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur (Ara) in connection with Udwant Nagar P.S.Case No.203 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation.
Patna High Court CR. MISC. No.73245 of 2019(2) dt.19-11-2019 3/3 With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T