Raju Kumar @ Raju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7789 of 2024 Arising Out of PS. Case No.-65 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== RAJU KUMAR @ RAJU RAI SON OF BHHIKHAR RAI RESIDENT OF VILLAGE - JAITPUR MUJA, P.O. - PUJA MILKAN, P.S. - SARAIAYA, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Narayan Singh, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-05-2024 At the outset, learned counsel appearing on behalf of petitioner requested to make correction in prayer portion of the bail petition.

2. Permission granted.

3. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

4. The petitioner seeks bail in connection with Vaishali P.S. Case No. 65 of 2022 registered for the offence under Sections 365, 302, 201/34 of the Indian Penal Code.

2/4

5. The accused/petitioner is not named in the F.I.R. and is in custody since 05.10.2023.

6. The allegation against the petitioner is to commit murder of son of informant alongwith other coaccused persons/family members, where occurrence arises out of love affairs between deceased/son of informant and daughter of petitioner, who is also named co-accused of this case, namely, Khusboo Kumari.

7. Learned counsel appearing on behalf of the petitioner submitted that petitioner was named in this case only on the basis of suspicion as deceased/son of informant alleged to be in love affairs with the nephew of this petitioner. It is submitted that implication of this petitioner is only being maternal uncle of the named coaccused Khusboo Kumari. It is also submitted that dead body was recovered from pond, where cause of death could not ascertained upon post-mortem. It is also submitted that merely nephew of the petitioner found talking over telephone with deceased/son of informant

3/4 on the date of occurrence for substantial period of time, cannot connect this petitioner with present occurrence, being maternal uncle. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

8. Learned APP opposes the prayer of bail.

9. Considering the facts and circumstances as mentioned above, as save and except suspicion nothing appears against this petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 05.10.2023, accordingly, above named petitioner is directed to be released on bail in connection with Vaishali P.S. Case No. 65 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

4/4 learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T