Raja Khan @ Raj Khan @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73790 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Raja Khan @ Raj Khan @ Guddu, Son of Noor Mohammad @ Noor Mahammad Resident of Village-Manjhaul Murga Farm, near B.S.N.L. office P.S.-Cheriya Bariyarpur, District-Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Sessions Trial No. 448 of 2019, arising out of Cheriya Bariyarpur P.S. Case No. 51 of 2019, registered under Sections 302, 201 and 120(B)/34 of the Indian Penal Code. The accusation is that in the morning of 11.04.2019, Md. Faruqe, husband of the informant, Mehru Nisha, had gone to his shop but he did not return. Thereafter, search of her husband was started but no trace was found. In the meantime, Dahsrath Malakar, made query about reaching of her husband from her son then she came in suspicion about having hand of
Patna High Court CR. MISC. No.73790 of 2019(6) dt.06-03-2020 2/3 missing of her husband by Dashrath Malakar, because Dashrath Malakar had demanded stitching cost of the clothes but the same was not paid by her husband due to non-availability of money. Later on, in course of search, dead body of her husband was recovered from the maize field at Basona turning. Learned counsel for the petitioner submits that in course of investigation, the witnesses in paragraphs 35, 36 and 37 of the case diary, have stated about the recovery of the dead body of husband of the informant in maize field with further contention that Abnurag Kumar, Raja Khan @ Guddu, Lakshman Paswan, Risikesh Kumar were seen committing the offence by the deceased, husband of the informant, and due to fear about disclosing the aforesaid offence, aforesaid persons killed the husband of the informant. It is further submitted that petitioner is in custody since 09.05.2019 and the charge sheet has already been submitted against him.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Begusarai, in connection with Sessions Trial No. 448 of 2019,
Patna High Court CR. MISC. No.73790 of 2019(6) dt.06-03-2020 3/3 arising out of Cheriya Bariyarpur P.S. Case No. 51 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T