IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.184 of 2011
RAJESH KUMAR MAHTO @ RAJESH KUMAR SINGH
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.1272 of 2011
MD. NAHID
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.43421 of 2010
SATRUGHAN THAKUR
Versus
THE STATE OF BIHAR
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03/ 28.03.2011 All the above stated petitions are taken enbloc as the said
petitions arise out of Bahadurpur P.S. Case no. 240/2010 registered
under sections 302,201/34 of the IPC and accordingly, above stated
petitions are being disposed of by this common order.
Heard learned counsel for the petitioners as well as learned
Addl. P.P. for the State.
Admittedly, after recovery of the dead body of husband of
one Sunita Devi, the above stated Bahadurpur P.S. Case no. 240/2010
was registered against unknown persons and after registration of the
above stated case, the above stated Sunita Devi gave written report to
the Officer Incharge of Bahadurpur, police station, Darbhanga that her
husband had some inimical term with the petitioner in Cr. Misc. no.
43421/2010 and she expressed her suspicion that her husband was
kidnapped and killed by the petitioner in Cr. Misc. no. 184/2011 as
well as the petitioner in Cr. Misc. no. 43421/2010 with the help of
their associates.
After getting the aforesaid petition, the police started
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investigation in the above stated light and the petitioners were
arrested. It is stated that on the basis of disclosure made by the
petitioner in Cr. Misc. no. 1272/2011, one knife was recovered from
an orchard. As per prosecution case, aforesaid knife had been used in
commission of the alleged crime but there is nothing on the case diary
to substantiate the above stated submission of the learned Addl. Public
Prosecutor.
Admittedly, the entire case hinges upon circumstantial
evidence and except some dispute between the petitioner in Cr. Misc.
no. 43421/2010 and the deceased, there is nothing against the
petitioners.
Taking into consideration the above stated facts and
circumstances as well as submissions of the parties, let petitioners,
Rajesh Kumar Mahto @ Rajesh Kumar Singh, Md Nahid and
Satrughan Thakur, be released on bail on furnishing bail bonds of Rs
10,000/- each with two sureties of the like amount each to the
satisfaction of the Chief Judicial Magistrate, Darbhanga, in
Bahadurpur P.S. Case no. 240/2010.
shahid (Hemant Kumar Srivastava,J)