Kamaldev Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22552 of 2021 Arising Out of PS. Case No.-305 Year-2019 Thana- PALIGANJ District- Patna ====================================================== KAMALDEV BIND S/O- Ajay Bind R/o village - Torni, P.S. - Paliganj, Dist. - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in connection with Paliganj P.S. case No.305/19 registered under Sections 304(B)/201/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner killed the daughter of the informant by pressing her neck and disappeared her dead body.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.22552 of 2021(3) dt.14-09-2021 2/2 present case. The petitioner has been made accused due to mistake of fact. In course of investigation, the witness in paragraph 6 of the case diary has stated that the deceased is said to have died due to prolonged illness.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned S.D.J.M., Danapur, Patna in connection with Paliganj P.S. case No.305 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

Narendra/- (Sudhir Singh, J) U T