Tuna Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14791 of 2020 Arising Out of PS. Case No.-170 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== Tuna Khan Son of Bhagelu Khan Resident of Village- Jolaha Toli, Purani Bazar, P.S.- Ram Nagar, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Ram Nagar P.S. Case No. 170 of 2019 registered under sections 302, 120B, 34 and 201 of the Indian Penal Code.

As per allegation in the FIR, it is stated by informant that on the previous day on receiving a phone call, his daughter proceeded out of the house and thereafter disappeared. Subsequently, dead body of his daughter was discovered in a sugarcane field. It is stated that two accused persons including the petitioner had been troubling her for sometime and, as such, informant was convinced that they have a hand in the occurrence.

Patna High Court CR. MISC. No.14791 of 2020(3) dt.05-06-2020 2/2 It is submitted by learned counsel for the petitioner that admittedly there is no eye witness to the occurrence. Only an unfounded suspicion has been raised against him. It is stated that in course of investigation, the telephone records were examined and no call was found to have been made between the petitioner and the deceased. The petitioner is in custody since 18.8.2019 and the investigation has concluded with submission of the chargesheet.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Ram Nagar P.S. Case No. 170 of 2019 on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Bagaha, West Champaran.

(Partha Sarthy, J) sushma/- U