Angad Kapar @ Angaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2338 of 2022 Arising Out of PS. Case No.-272 Year-2020 Thana- SUPPI District- Sitamarhi ====================================================== ANGAD KAPAR @ ANGAJ KUMAR Son of Gajadhar Kapar Resident of Village- Kharahiya Tola, Maniyari, P.S.- Suppi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Informant :

Ms. Maruti Kumari, Advocate Ms. Dibya Bharti, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-05-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.03.2021, charge-sheet has been submitted and is a person with clean antecedent. The informant alleges that the marriage of his daughter (deceased) was performed two years before the occurrence. However, on 04.12.2020, the informant received an information that his daughter has been killed by the accused

Patna High Court CR. MISC. No.2338 of 2022(3) dt.26-05-2022 2/3 persons including the petitioner. Further, alleges that the accused persons committed the occurrence due to non-fulfillment of the demand of motorcycle.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and the informant is not an eyewitness to the occurrence. The informant realizing his mistake even retracted from his version and filed a compromise petition before the learned court below that due to misunderstanding, the present case came to be instituted against the petitioner and his family member.

Learned counsel for the informant submits that she has instruction not to oppose the bail application of the petitioner as the informant realizing his mistake has filed a compromise petition before the learned court below dated 20.04.2021. A copy of the compromise petition submitted by the learned counsel for the informant is kept on the record. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 03.03.2021, charge-sheet has been submitted, is a person with clean antecedent and the learned counsel for the informant has instruction not to oppose the bail application of the

Patna High Court CR. MISC. No.2338 of 2022(3) dt.26-05-2022 3/3 petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Suppi P.S. Case No. 272 of 2020. (Satyavrat Verma, J) Kundan/- U T