Rajesh Kumar v. The State Of Bihar

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 25-02-2013 Heard learned counsels for the petitioner and the State. The petitioner being the son of the deceased from first wife is apprehending arrest in a case registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code. The FIR was lodged by Chaukidar when a dead of unknown person was recovered when it was suspected that the dead body was thrown at different place after committing murder of the victim, subsequently, the second wife of the deceased identified the victim from the clothes and other articles when she raised suspicion against the petitioner and others. It is submitted by learned counsel for the petitioner that initially, the deceased filed Complaint Case No. 1635 of 2008 at the behest of the second wife which was ultimately registered as police case when accusation was found false and final form was submitted when earlier sanaha was lodged before the SP by the second wife against the petitioner and others since the petitioner is Patna High Court Cr.Misc. No.3540 of 2013 (2) dt.25-02-2013 four brothers from the first wife when no action was taken and during investigation, no evidence has come that any one saw the occurrence or claimed the presence of the petitioner at the place of occurrence. Considering the suspicious nature of occurrence, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Sarsi P.S. Case No. 29 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J)