Amit Toppo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22152 of 2023 Arising Out of PS. Case No.-711 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Amit Toppo Son of Late Shital Toppo R/O Daru Toli, P.S.- Gumla, DistrictGumla (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP For the informant :

Mr. Pranav Kumar, Advocate Mr. Ajay Veer, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has preferred this application for grant of regular bail in connection with Phulwarisharif P.S. Case no. 711 of 2022 registered under section 306 of the Indian Penal Code.

3. As per the prosecution case, the informant states that his daughter was having a love affair with the petitioner. He used to abuse her on her not answering his telephone calls. As a result of mental pressure, she commit suicide leaving behind a suicide note that the petitioner is responsible for the same.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.22152 of 2023(2) dt.18-05-2023 2/2 case. The allegations are vague and unsubstantiated. The petitioner is in custody since 30.11.2022 and investigation in the case has concluded.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant.

6. Learned counsel for the informant submits that not only the petitioner is named in the FIR but there is direct allegation against him of having tortured the daughter of the informant leading to her suicide which is also substantiated by the suicide note left behind by the deceased.

7. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the contents contained therein that there was lover affair between the parties, the petitioner having remained in custody for 5 months since 30.11.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Phulwarisharif P.S. Case no. 711 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIV, Patna.

(Partha Sarthy, J) Bibhash U