LAWS(PAT)-2016-10-42

RAJIV SINGH SON OF SRI RAMBADAN SINGH, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA

Decided On October 18, 2016
Rajiv Singh Son Of Sri Rambadan Singh, Resident Of Village Appellant
V/S
The State Of Bihar Through The Director General Of Police, Bihar, Patna Respondents

JUDGEMENT

(1.) With the help of this writ petition, made under Art. 226 of the Constitution of India, the petitioner, who is one of the accused, arraigned at serial No. 3 in the First Information Report, leading to registration of Suryagarha (Manikpur) P.S. Case No. 28 of 2015, under Sections 302/328/323/498A/504 and 34 of the Indian Penal Code, registered with Police Station Suryagarha (Manikpur), on 12.02.2015, seeks issuance of a writ, in the nature of habeas corpus, commanding release of the accused-petitioner in the police case aforementioned, which has arisen out of a Complaint Case No.534 of 2015, filed by one Nikku Devi, in the Court of Chief Judicial Magistrate, Lakhisarai, on 29.01.2015. Background Facts:

(2.) The material facts, leading to the present writ petition, may, in brief, are set out as under:

(3.) We have heard Mr. Manish Kumar No.2, learned Counsel appearing on behalf of the petitioner, and Mr. Anjani Kumar, learned Additional Advocate General No.4, appearing on behalf of the State-respondents. Heard also Mr. Ajay Kumar Thakur, learned counsel appearing as Amicus Curiae. Submissions :