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Patna High CourtCR. MISC./7067/2019allowed

Sonu Kumar Singh @Sonu Kumar v. The State Of Bihar

2019-02-07Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7067 of 2019 Arising Out of PS. Case No.-151 Year-2018 Thana- PARSA District- Saran ====================================================== Sonu Kumar Singh @Sonu Kumar, Son of Chandraket Singh, Resident of Village- Chandpura, P.S. Parsa, District Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner, being the brother of the husband of the victim, is languishing in custody since 09.08.2018 in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

The prosecution case as per the written report of Manish Kumar, submitted to the S.H.O., Parsa P.S. is to the effect that on 02.08.2018, the informant received an information

Patna High Court Cr.Misc. No.7067 of 2019(2) dt.07-02-2019 2/3 through phone that his sister, Nitu Devi has been killed by her in-law family members. Thereafter, the informant along with his brother went to in-law's house of his sister and found that his sister has been killed by setting fire. It is further alleged that the petitioner and other in-law family members used to assault the sister of the informant.

It is submitted by learned counsel from the petitioner that admittedly the informant was not the eye witness to the alleged occurrence and only on the basis of suspicion, the accusation has been levelled against the petitioner. It is further submitted that on conclusion of the investigation, charge-sheet has been submitted only under Section 306 of the I.P.C. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the petitioner is named in the FIR.

Considering the fact that the investigation has already been concluded and period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, 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

Patna High Court Cr.Misc. No.7067 of 2019(2) dt.07-02-2019 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, 13th, Saran at Chapra, in connection with Parsa P.S. Case No.151 of 2018.

(Dinesh Kumar Singh, J) Deepak/- U T