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Patna High CourtCR. MISC./1796/2022bail granted

Sushil Kumar @ Sushil Singh @ Sagar Singh @ Sushil Kumar Singh v. The State Of Bihar

2022-04-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1796 of 2022 Arising Out of PS. Case No.-816 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== SUSHIL KUMAR @ SUSHIL SINGH @ SAGAR SINGH @ SUSHIL KUMAR SINGH Son of Chandramani Prasad Singh Resident of Village - Raghunathpur Gali No.2, Ward No.7, P.s.- Raghunathpur O.P., Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

As per the prosecution case, on 18.11.2018, the informant received the information from the petitioner that his younger sister, who was pursuing her study in a rented house of one Lalbabu Prasad, has committed suicide by hanging. The informant suspects that this petitioner with the help of other coaccused has committed the murder of his sister. It is submitted on behalf of petitioner that perusal of the F.I.R. goes to show that informant is not eye-witness of the occurrence and only on suspicion, petitioner has been made

Patna High Court CR. MISC. No.1796 of 2022(3) dt.26-04-2022 2/2 accused. In the entire investigation, none of the witnesses has claimed to have seen this petitioner committing the offence. In fact, out of depression, the deceased herself committed suicide in the house of Lalbabu Prasad. It is further submitted that during course of investigation, only material, which has come against this petitioner, is that on the alleged date, this petitioner had talked several times with the victim. Petitioner is in custody since 28.08.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Town P.S. Case No. 816 of 2018.

(Prabhat Kumar Singh, J) anay/- U T