Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10295 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- KUTUMBA District- Aurangabad ====================================================== Prince Kumar Son Of Bhopal Singh R/O Village- Simri, P.S.- Kutumba, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner, informant and the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302 of the Indian Penal Code.

As per the prosecution case, on 19.07.2022 the daughter of informant went missing. On 21.07.2022 the dead body of the daughter of informant was found in a well. Informant suspects that this petitioner has committed the murder of his daughter.

It is submitted that as a matter of fact, the daughter of informant Pooja Kumari jumped into the well and committed suicide after being admonished by her father. It is further submitted that from perusal of FIR, it is apparent that the daughter of informant went missing on 19.07.2022, but he did

Patna High Court CR. MISC. No.10295 of 2023(2) dt.12-05-2023 2/2 not make any effort to locate her and no report was lodged in the police station. When the dead body of his daughter was recovered this case has been lodged by the informant. Moreover, the well is situated in front of the house of informant. Save and except suspicion there is no material against this petitioner. The only material against this petitioner is that the daughter of informant used to talk with this petitioner on mobile. Counsel for State and informant however vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Kutumba P.S. Case No. 168 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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