Upendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12090 of 2022 Arising Out of PS. Case No.-365 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Upendra Kumar Son Of Rambilash Singh Resident Of Village- Chandpura Chakmakrand (Chakarmand) Rahimpur, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner, learned counsel for the State and perused the case diary. The petitioner is in custody in a case registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.
Allegedly, it is a case of murder of the daughter of the informant by the in-laws of the daughter of the informant. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that there is no eye witness to the alleged occurrence and there are consistent materials against the petitioner in respect of commission of murder of his wife. Petitioner got married in the year 2012 and blessed with three children from the wed-lock. There is no prior complaint in respect of torture
Patna High Court CR. MISC. No.12090 of 2022(3) dt.02-01-2023 2/2 and harassment against the petitioner. He further submits that the cause of death is asphyxia due to drowning. Petitioner is in judicial custody since 09.10.2021.
Learned APP appearing for the State has opposed the prayer for regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 365 of 2021. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T