Mukesh Kumar @ Mukesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18906 of 2015 Arising Out of PS.Case No. -377 Year- 2014 Thana -MASAURHI District- PATNA ======================================================
1. Mukesh Kumar @ Mukesh Kumar Singh Son of Late shashi Bhushan Singh resident of Village- Mahavir Nagar(Ajmeri Nagar), Police StationBihta, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 377/14 for the offences punishable under sections 302 and 201/34 of the Indian Penal Code.
The prosecution case, in brief, is that the informant heard hulla that a dead body of an unknown woman is thrown in Khanda in Chanak Pith Bahiyar, and when the informant reached there, he saw a dead body of an unknown woman aged about 3540 years sustaining sharp cutting injuries on her neck, abdomen and other parts of body.
It has been submitted on behalf of the petitioner that the petitioner is not named in the F.I.R., and his name has appeared in course of investigation. The only material that has come against
Patna High Court Cr.Misc. No.18906 of 2015 (2) dt.11-06-2015 2 / 2 the petitioner is that prior to the recovery of the dead body of the deceased, the petitioner and the deceased were found talking to each other on the mobile, and hence it is presumed that the petitioner is involved in the murder of the deceased. Further, it has been submitted that there is no direct or indirect evidence, except for raising a suspicion, as they were in touch prior to the death of the deceased.
It is further submitted that the petitioner is in custody since 13-1-2015.
On behalf of the State, it has been submitted that it is true that the petitioner is not named in the F.I.R., and his name has figured in course of investigation.
Considering the facts and circumstances of the case, let the petitioner Mukesh Kumar @ Mukesh Kumar Singh 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 Subdivisional Judicial Magistrate, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 377/14.
(Sudhir Singh, J) BK.Roy/- U T