Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72446 of 2019 Arising Out of PS. Case No.-441 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Suresh Rai, aged about 42 years, male, Son of Balistar Ray @ Valistar Ray, Resident of Village - Majurahan, P.S.- Turkaulia, O.P., Raghunathpur, Distt. - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2020 The petitioner seeks bail in connection with Turkaulia (Raghunathpur) P.S. Case No. 441 of 2019, dated 04.07.2019, instituted for the offences under Sections 302 and 34 of the Indian Penal Code.

The instant case was instituted on the FIR lodged by the wife of the deceased, who has alleged that in the night, four miscreants entered her house and killed her husband. Later, during the course of investigation, it came to light that the informant/wife was herself to be blamed for the aforesaid murder and, therefore, she was interrogated

Patna High Court CR. MISC. No.72446 of 2019(3) dt.05-03-2020 2/3 deeply. The wife of the deceased (informant) is said to have confessed about her participation in the occurrence, but she has not attributed the role of killing to the petitioner. The petitioner is only alleged to be one of the four persons who had entered the house and had killed the deceased. The petitioner is the cousin of the deceased and there is an indication of amorous relationship between the informant and the petitioner.

Learned counsel for the petitioner has, therefore, submitted that all the materials collected during the course of investigation taken together, the case against the petitioner would at best be based on confession of a coaccused. There is no ancillary material against the petitioner to warrant his further incarceration.

The petitioner is in custody since 09.07.2019 and does not have criminal antecedents.

For the aforestated facts, the petitioner abovenamed is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.72446 of 2019(3) dt.05-03-2020 3/3 satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkaulia (Raghunathpur) P.S. Case No. 441 of 2019.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T