Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16562 of 2023 Arising Out of PS. Case No.-36 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== RAJA KUMAR Son of Mahesh Mandal Resident of Village - Sansar Pokhar, Pachna Road, P.S.- Kabaiya (Lakhisarai), District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 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 302/34 of the Indian Penal Code but charge-sheet has been submitted under Section 306 of the IPC.

The allegation against the petitioner along with others is of killing the son of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to

Patna High Court CR. MISC. No.16562 of 2023(3) dt.17-05-2023 2/3 dirty village politics. He has committed no offence. The deceased fell in love with the sister of the petitioner but they have decided on the basis of sociality that until he did not attain the age of marriage, the marriage will not be solemnized, hence he committed suicide. There is no consistent evidence against the petitioner to show that he has involved in the said crime except the allegation of threatening. He further submitted that from the perusal of the FIR, it transpires that occurrence is said to be taken place on the roof of informant and he saw the accused persons fleeing away, but it is very surprising that he did not make any alarm. The case has been lodged under Section 302 of the IPC but charge-sheet has been submitted u/s 306 of the IPC. He is languishing in judicial custody since 15.10.2022.

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 Chief

Patna High Court CR. MISC. No.16562 of 2023(3) dt.17-05-2023 3/3 Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 36 of 2021.

(Sunil Kumar Panwar, J) arish/- U