Mohan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41468 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================
1. Mohan Rai son of Late Nageshwar Rai Resident of Village- Sahpur Undi, Police Station- Patori, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 Heard the parties.
The petitioner seeks anticipatory bail in connection with Mohiuddinnagaar P.S. Case No. 18 of 2018, registered for offences punishable under Sections 302, 201 and 120 (B) of the Indian Penal Code.
As per F.I.R., allegation against the petitioner is that on getting information that wife of one, Manoj Kumar Poddar, Shobha Devi consumed poison, causing death and the petitioner along with other family members of the accused, took the dead body in the night on a motorcycle and thrown the dead body in wheat corn field.
Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case only on the basis of suspicion and he has no concern with the co-accused, Manoj Kumar Poddar and in course of investigation no any
Patna High Court Cr.Misc. No.41468 of 2018 (2) dt.18-07-2018 2/2 materials to show the involvement of the petitioner in this case and the petitioner has no criminal antecedent. It is further submitted that other co-accused Sushila Devi has been granted privilege of anticipatory bail vide order dated 05.06.2018 passed in Cr. Misc. No. 33421 of 2018.
Learned A.P.P. opposes the prayer for.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders before the court below within a period of six weeks from the date of the order, he will be released on provisional bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- II, Samastipur in connection with Mohiuddinnagar P.S.Case No. 18 of 2018, subject to the conditions as laid down under Section 438
(2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T