Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14426 of 2025 Arising Out of PS. Case No.-198 Year-2024 Thana- MITHANPURA District- Muzaffarpur ====================================================== Sumit Kumar S/O Sri Ramchandra Prasad R/O Vill.- Lodipur,P.S- Buddha Colony,Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kumar, Adv For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 20-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mithanpura P.S. Case No. 198 of 2024 registered for the offences punishable u/s 306 and 120B of the I.P.C.

3. As per the prosecution case, the deceased, namely, Deepika Kumari (daughter of the informant) was appointed to the post of "Kashpaal" in the police department at Muzaffarpur Central Jail. on 27.06.2024 at about 11:30 P.M., the co-accused person, namely, Rohit Singh, had sent an incomplete suicide note of the deceased on the whatsapp of the informant's another daughter, namely, Sonam Kumari. Accordingly, the FIR has been registered against the named accused persons including the

Patna High Court CR. MISC. No.14426 of 2025(3) dt.20-05-2025 2/3 petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case and from perusal of the FIR it seems that the informant has raised suspicion against the co-accused, Rohit Singh. It is further submitted that even from perusal of the statement of the witnesses and the finding which has come during the course of the investigation, it cannot be said to be a case where the petitioner had instigated the deceased to commit suicide. It is lastly submitted that the petitioner has clean criminal antecedent and is in custody since 15.09.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submissions of the parties and taking into account the fact that the charge sheet has already been submitted under Section 306 of the I.P.C. and also considering the period of custody, let the petitioner abovenamed, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur, in connection with Mithanpura P.S. Case No. 198 of 2024, subject to the following conditions:-

Patna High Court CR. MISC. No.14426 of 2025(3) dt.20-05-2025 3/3 (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T