Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14334 of 2019 Arising Out of PS. Case No.-300 Year-2017 Thana- DULHIN BAZAR District- Patna ====================================================== Sonu Kumar, Son of Bijendra Prasad alias Bijendra Yadav, Resident of Village - Sarkuna, P.S.- Dulhin Bazar, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. M. K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Dulhin Bazar P.S. Case No.300 of 2017, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

As per the FIR, the petitioner and others have surrounded and assaulted the husband of the informant with lathi and iron rod and when his wife came to save him, she was also assaulted causing serious injuries. During treatment, her husband died. During investigation, the witnesses have stated that the petitioner is a student and resides in a Boys Hostel preparing for his competitive examination. After investigation,

Patna High Court CR. MISC. No.14334 of 2019(3) dt.03-04-2019 2/3 the police has submitted final form against the petitioner, however, learned counsel for the petitioner submits that as the independent witness has not supported the statement of the informant inasmuch as other relative witnesses have also not taken the name of the petitioner, the police, after due investigation, submitted the final form against the petitioner. It is urged that the petitioner is a student and has got no criminal antecedent and some of the accused persons have already been granted bail by different coordinate Benches of this Court.

Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Danapur, Patna in connection with Dulhin Bazar P.S. Case No.300 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation.

Patna High Court CR. MISC. No.14334 of 2019(3) dt.03-04-2019 3/3 consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) V.K.Pandey/- U T