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Patna High CourtCR. MISC./8762/2023allowed

Krishna Mohan Sah @ Krishna Mohan Kumar v. The State Of Bihar

2023-07-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8762 of 2023 Arising Out of PS. Case No.-363 Year-2022 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== KRISHNA MOHAN SAH @ KRISHNA MOHAN KUMAR Son of Sri Roop Narayan Sah @ Rup Narayan Sah Resident of Village- Madhopur Sultanpur, P.S.- Runnisaidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the daughter of the informant by pressing her neck.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner.

Patna High Court CR. MISC. No.8762 of 2023(4) dt.20-07-2023 2/2 There is no eye-witness of the alleged occurrence. A supplementary affidavit has been filed on behalf of the petitioner by referring to the statement made in vide para-3 that the informant of this case not supported the prosecution case during trial. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 16.07.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Runisaidpur P.S. Case No. 363 of 2022.

(Sunil Kumar Panwar, J) arish/- U T