Shrikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14997 of 2020 Arising Out of PS. Case No.-45 Year-2019 Thana- SAKSOHRA District- Patna ====================================================== SHRIKANT KUMAR Son of Kameshwar Dhadhi @ Kameshwar Ram Resident of Village - Kirtichak, P.S.- Bhadaur, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Saksohra P.S. Case No. 45 of 2019, registered for the offences punishable under Sections 147, 149, 341, 323, 302 and 201 of the Indian Penal Code.

It is alleged that on 05.11.2019 the son of informant without informing anyone left the house at 3.40 pm, but he did not return. The informant searched him in the house of nearby relatives, but he could not find him. On 07.11.2019, the informant came to know that the dead body of his son was lying in a ditch. It is further alleged that petitioner along with other accused persons assaulted his son with fists and slaps and killed him after pressing his neck and thereafter, threw his dead body in a ditch.

It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. Petitioner is innocent and has committed no offence and has been made

Patna High Court CR. MISC. No.14997 of 2020(3) dt.28-08-2020 2/2 accused only on suspicion. Informant is not an eye-witness of the occurrence and has also not disclosed the source of information in the FIR. There is no material which shows involvement of this petitioner in the alleged crime. There is general and omnibus allegation. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Barh, Patna in connection with Saksohra P.S. Case No. 45 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Vinita U T