Ashutosh Kumar @ Ashutosh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11052 of 2024 Arising Out of PS. Case No.-42 Year-2023 Thana- KATHAIYA District- Muzaffarpur ====================================================== Ashutosh Kumar @ Ashutosh Pandey Son of Late Shivnath Pandey Resident of Village - Jasauli, P.S.- Kathaiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner and other coaccused persons is that they killed the daughter of the informant, namely, Pinki Devi and conceal her body inside the bed.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and being the

Patna High Court CR. MISC. No.11052 of 2024(2) dt.22-02-2024 2/3 brother-in-law of the deceased, he has falsely been implicated in the present case. There is no specific allegation against the petitioner rather the allegation levelled against him is general and omnibus. There is no eye witness of the alleged offence. It is further submitted that husband of the deceased, namely, Anand Pandey is languishing in judicial custody. Petitioner has no concern with the mess and business of the deceased as well as her husband. He lives separately from them. Moreover, the petitioner is languishing in judicial custody since 01.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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

Patna High Court CR. MISC. No.11052 of 2024(2) dt.22-02-2024 3/3 bail in connection with Kathaiya P.S. Case No. 42 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge X, Muzaffarpur.

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