Raj Kumar Rai @ Raj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81635 of 2019 Arising Out of PS. Case No.-600 Year-2019 Thana- SONEPUR District- Saran ====================================================== 1.

RAJ KUMAR RAI @ RAJ RAI Son of Late Baleshwar Rai Resident of Village - Chausiya, P.S.- Sonepur, District- Saran. 2.

Usha Devi Wife of Birogi Rai Resident of Village - Rahar Diyar, P.S.- Sonepur, District- Saran.

3.

Matukan Rai @ Dharmendra Kumar Son of Late Awadhesh Rai Resident of Village - Rahar Diyar, P.S.- Sonepur, District- Saran. ... ... Petitioners.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Najmul Hoda, Advocate.

For the State :

Mr. Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-06-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State through Video Conferencing. The petitioners apprehend their arrest in connection with Sonepur P.S. Case No.600 of 2019 registered under Sections 302 and 201 of the Indian Penal Code. The accusation is that on 05.08.2019 at about 01.00 P.M., the informant Neha Devi received information about lying of the dead body of her husband Saheb Kumar in the field at village-Sabalpur, then the informant along with her family members went there and saw the dead body of her husband. The face of the dead body of the husband of the informant had

Patna High Court CR. MISC. No.81635 of 2019(3) dt.19-06-2020 2/3 become blackish and the blood was oozing out from his nose. The husband of the informant was accompanied by Raja Kumar, Matukan Rai (petitioner no.3), Birogi Rai, Usha Devi (petitioner no.2), wife of Birogi Rai, and Raj Rai (petitioner no.1) from his house on 04.08.2019 at about 09.00 A.M. but no trace of the husband of the informant was found.

Learned counsel for the petitioners submits that the informant has raised only suspicion against the petitioners having their hand in the murder of her husband after seeing the dead body of her husband on 05.08.2019 at about 01.00 P.M. in the field. While the informant has alleged that her husband was accompanied by the aforesaid persons one day before but no reasons has been assigned why she had not informed to anyone about the missing of her husband. Further submission is that the similarly situated co-accused Birogi Rai has already been granted the privilege of bail by a Bench of this Court vide order dated 20.01.2020 passed in Criminal Misc. No.717 of 2020. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.81635 of 2019(3) dt.19-06-2020 3/3 amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Sonepur P.S. Case No.600 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T