Babloo Risideo vs The State Of Bihar
2021 Latest Caselaw 190 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.32251 of 2020
    Arising Out of PS. Case No.-170 Year-2019 Thana- FORBESGANJ District- Araria
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Babloo Risideo, aged about 34 years (M), Son of Bal Krishna Risideo, Resident of Village - Halhalia ward no. 06, P.S. - Simraha (Forbesganj), District - Araria.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :       Mr. Mukesh Kumar Rana, Advocate
For the State           :       Mr. Anil Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-01-2021

Heard Mr. Mukesh Kumar Rana, learned counsel for the

petitioner and Mr. Anil Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Forbesganj (Simraha) PS Case No. 170 of 2019 dated

24.02.2019, instituted under Sections 341/342/325/307/504/34

of the Indian Penal Code to which later on Section 302 of the

Indian Penal Code was also added.

3. The allegation against the petitioner and three others

is of assault on the deceased, who was the husband of his sister,

in the house of the petitioner.

4. Learned counsel for the petitioner submitted that the

allegation is general and omnibus. It was submitted that in the Patna High Court CR. MISC. No.32251 of 2020 dt.19-01-2021

FIR it has been stated that when the deceased was taken to the

hospital he was in unconscious state and, thus, it is clear that the

deceased could not tell anything to anybody and the informant,

who is the father of the deceased, had no occasion to implicate

the petitioner as he had no source of information, as the same is

not disclosed in the FIR. It was stated that later on, after two

days of the incident, the victim also died. Learned counsel

further submitted that the petitioner, being the brother of the

wife of the deceased, it cannot be expected that he would make

his sister a widow. Learned counsel submitted that the elder

brother of the petitioner namely, Matra Rishideo @ Ravi Kumar,

who is also co-accused, has been granted bail by a coordinate

bench on 24.10.2019 in Cr. Misc. No. 43378 of 2019. It was

submitted that the petitioner having no criminal antecedent is in

custody since 02.03.2020.

5. Learned APP submitted that the allegation of assault is

against the petitioner also. However, he did not controvert that

there is general and omnibus allegation.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like Patna High Court CR. MISC. No.32251 of 2020 dt.19-01-2021

amount each to the satisfaction of the learned Chief Judicial

Magistrate, Araria in Forbesganj (Simraha) PS Case No. 170 of

2019, subject to the condition that one of the bailors shall be a

close relative of the petitioner. The petitioner shall cooperate

with the Court. Failure to do so, shall lead to cancellation of his

bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T