Chhotu Kumar @ Ajit Kumar @ Ajit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26792 of 2021 Arising Out of PS. Case No.-547 Year-2019 Thana- BARAHAT District- Banka ====================================================== CHHOTU KUMAR @ AJIT KUMAR @ AJIT KUMAR SINGH S/O GANESH PRASAD SINGH R/o village- Sugiya, P.S. and District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shree Niwas Singh, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mahta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Banka (Barahat) P.S. case No.547/2019 registered under Sections 328, 302 of the Indian Penal Code.

Prosecution case, in short, is that froth was coming out of mouth of eleven years old daughter of the informant. The informant took her daughter to the Doctor for treatment, where she was declared dead. The informant suspects that the petitioner has poisoned her daughter.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.26792 of 2021(2) dt.02-03-2022 2/2 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. case No.547/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T