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Patna High CourtCR. MISC./14802/2023allowed

Dharmendra Kumar v. The State Of Bihar

2023-04-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14802 of 2023 Arising Out of PS. Case No.-88 Year-2022 Thana- THALI District- Nawada ====================================================== DHARMENDRA KUMAR Son of Pradeep Ram Resident of Village - Karpuri Nagar, P.S.- Thali, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 342, 323, 354, 504, 506, 302 and 34 of the Indian Penal Code. The allegation against the petitioner along with others is of killing the Grand-mother of the informant. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation of assaulting against the petitioner to the deceased. He submitted that there is no specific overt act against the petitioner rather the specific allegation of assaulting is against co-accused Meena Devi along with her

Patna High Court CR. MISC. No.14802 of 2023(2) dt.28-04-2023 2/2 both sons namely, Kundan and Chandan due to the informant's Grand-mother succumbed to injury. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 15.11.2022. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Nawada in connection with Thali P.S. Case No. 88 of 2022.

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