Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20934 of 2012 ====================================================== Rajesh Prasad @ Rajesh Kumar, son of Ganaur Mahton, resident of Village- Goraur,Ps-Chhabilapur,District-Nalanda. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 04-07-2012 Heard the parties. The petitioner is in custody in connection with Silao P.S. Case No.91 of 2011 for the offences punishable under [STATUTE] . The prayer of this petitioner was earlier considered and rejected in Criminal Miscellaneous No.45190 of 2011 vide order passed on 14.02.2012. The allegation against the petitioner is that he caught hold of the victim girl while the other accused Dinesh Prasad strangulated her. Learned counsel for the petitioner with reference to an order dated 21.03.2012 passed in Criminal Miscellaneous No.8484 of 2012 (Annexure-4) submits that the said Dinesh Prasad has since been released on bail. It is submitted that in the aforesaid circumstances, the petitioner having a clean Patna High Court Cr.Misc. No.20934 of 2012 (2) dt.04-07-2012 2 antecedent has remained in custody since 16.09.2011. Regard being had to the submission of learned counsel and the materials on record, let the petitioner, namely, Rajesh Prasad @ Rajesh Kumar be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Silao P.S. Case No.91 of 2011 subject to the condition that he shall ensure his representation before the court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. SKPathak/- (Jyoti Saran, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.