Case Facts:
Patna High Court Cr.Misc. No.19395 of 2012 (2) dt.30-05-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19395 of 2012 ====================================================== Ram Babu Rai, S/O Late Ram Phal Rai, resident of Village- Jitwarpur Chaulh, P.S- Samastipur (Mufassil), District- Samastipur. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 30-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Samastipur (Mufassil) P.S. Case No. 175 of 2011 dated 06.04.2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that the petitioner has been made an accused in the case only on the tenuous ground that the wife of the deceased and one Shashi Kapoor, who are alleged to have illicit relationship, used to meet at the house of the petitioner. It is stated that the informant, who is the father of the deceased, has some land dispute with the petitioner and the petitioner has filed a case against him in retaliation to which the informant has also got a lady to institute a Patna High Court Cr.Misc. No.19395 of 2012 (2) dt.30-05-2012 2 false case against the petitioner. Learned counsel submits that even on admitted facts it is the daughter-in-law of the informant and the said Shashi Kapoor who can in any way be connected to the crime and the petitioner even as per the allegation is only said to have been involved in the sense that he allowed his house as the meeting place. Learned counsel submits that the grandson of the informant i.e., the son of the deceased and the accused lady has stated that three unknown persons had taken away the deceased and he suspected that they had killed the deceased. Learned counsel submits that since the petitioner was well known to the family, the grandson would have taken the name of the petitioner. The petitioner is said to be in custody since 11.12.2011. Learned A.P.P. for the State, on the other hand, has opposed the prayer for bail stating that the involvement of the petitioner is clearly appearing from the allegation made in the F.I.R. and thus the prayer for bail should be rejected. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge cum F.T.C.–II, Samastipur in Sessions Patna High Court Cr.Misc. No.19395 of 2012 (2) dt.30-05-2012 3 Trial No. 182 of 2012 / 205 of 2012 arising out of Samastipur (Mufassil) P.S. Case No. 175 of 2011. This application, accordingly, stands disposed off. Md. Ibrarul/- (Ahsanuddin Amanullah, 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.