Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4105 of 2019 Arising Out of PS. Case No.-318 Year-2016 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Bittu Kumar, Male, aged about 26 years, S/o Gobind Kumar Singh @ Govind Singh, Resident of Village- Bharathpatti, P.S.- Hathouri, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 364, 302 and 201/34 of the Indian Penal Code.

The dead body of the husband of the informant was lying at Assighat Varanasi. His murder was committed. The informant, who is resident of Sitamarhi district, rushed to Varanasi and found the dead body of her husband. The dead body was cremated thereat and thereafter the FIR has been lodged.

Submission is that only material against the petitioner is suspicion to be involved in the murder of the husband of the informant.

Learned counsel for the informant opposed the prayer

Patna High Court CR. MISC. No.4105 of 2019(4) dt.16-04-2019 2/2 for bail on the ground that during investigation, it has come that the deceased was last seen along with petitioner. Petitioner has got no criminal antecedent.

Considering the fact that for the purpose of consideration of this prayer for regular bail, very weak circumstantial evidence is there, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Runni Saidpur Police Station Case No. 318 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T