Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8310 of 2020 Arising Out of PS. Case No.-238 Year-2019 Thana- GURUA District- Gaya ====================================================== ARUN KUMAR Son of Late Karu Chaudhary, Resident of Village-Tandwan, P.S.- Bankey Bazar, Dist.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Gurua P.S. Case No.238 of 2019 registered for offence punishable under sections 302/201/34 of the Indian Penal Code.

On the elopement of the victim, Dr. Kamta Kumar Singh where the victim was working, informed the mother of the victim that the victim is traceless, whereafter the mother of the victim has lodged an FIR. During investigation it has transpired that when the petitioner had gone outside for the treatment of his son, in the meantime, the victim developed the friendship with his daughter and they were talking to each other. When he returned, he found that his daughter has developed the

Patna High Court CR. MISC. No.8310 of 2020(3) dt.04-06-2020 2/3 friendship with the victim. Thereafter, he gave a call to the victim not to indulge in such activity, even after, the victim did not stop, whereafter he contacted Mr. Vikas Kumar @ Vikas Choudhary, son of his brother-in-law and he had given threat that he has to be taken to the task, whereafter with the help of his friend namely Mithun Kumar, they obtained a SIM bearing no. 9060979649 which was used on the day when they had called the victim. Along with his friend, Vikas Kumar killed the victim.

Learned counsel for the petitioner submits that in the entire case diary, there is no direct allegation made against the petitioner, even in paragraph 81 of the case diary, there is nothing against the petitioner, he has wrongly been framed in the present case and he is in jail since 21.10.2019. Learned counsel for the informant submits that when the petitioner returned after the treatment of his son, he has contacted Mr. Vikas Kumar @ Vikas Choudhary and stated that he has to be taken to the task itself shows the framing of the victim and killing him. Learned counsel for the State also supports the submission of the informant.

Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner for the

Patna High Court CR. MISC. No.8310 of 2020(3) dt.04-06-2020 3/3 present.

Accordingly, this bail application is dismissed. (Shivaji Pandey, J) Mahesh/- U T