Patna High Court - Orders
Munchun Kumar Rai @ Mun Chun Rai vs The State Of Bihar on 2 December, 2014
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22362 of 2014
Arising Out of PS.Case No. -155 Year- 2013 Thana -BEUR District- PATNA
======================================================
Gudiya Devi @ Gidiya Devi, W/o Raghunath Rai
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.27076 of 2014
Arising Out of PS.Case No. -155 Year- 2013 Thana -BEUR District- PATNA
======================================================
Munchun Kumar Rai @ Mun Chun Rai, S/o Late Ambika Yadav
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
(In Cr.Misc. No.22362 of 2014)
For the Petitioner/s : Mr. Paras Nath, Advocate
For the Opposite Party/s : Mr. P.N.Pandit(App)
(In Cr.Misc. No.27076 of 2014)
For the Petitioner/s : Mr. Niranjan Pd. Singh, Advocate
For the Opposite Party/s : Mr. M.K.Nirala(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
ORAL ORDER
4 02-12-2014Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Both the petitioners, who apprehend their arrest in connection with a case registered for the offence punishable under Sections 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act, are named accused in this case arising out of killing of informant's brother.
Submission is of false implication. There is nothing against the petitioners except suspicion. So far as lady petitioner Gudiya Devi is concerned the submissions may be acceptable but not with respect to petitioner Munchun Kumar Rai, who is said to be actively participated which Patna High Court Cr.Misc. No.22362 of 2014 (4) dt.02-12-2014 2/2 apparently stands corroborated by medical evidence and statement of one Shekhar Kumar recorded under Sections 161 and 164 of the Code of Criminal Procedure.
Accordingly, this application with respect to petitioner Munchun Kumar Rai in connection with Beur P.S. Case No. 155 of 2013, pending before the Judicial Magistrate, Ist Class, Patna is hereby rejected with a direction to surrender before the Court below within a fortnight and seek regular bail where his prayer for regular bail shall be considered and disposed of on its own merit, in accordance with prevailing law.
So far as petitioner Gudiya Devi is concerned, considering the facts and circumstances of the case, in the event of her arrest or surrender before the court below within four weeks, let she be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Patna, in connection with Beur P.S. Case No. 155 of 2013, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.
(Akhilesh Chandra, J) Ashwini/-
U T