Sumant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41408 of 2018 Arising Out of PS. Case No.-133 Year-2017 Thana- KESARIA District- East Champaran ====================================================== Sumant Kumar, Son of Ram Bahadur Kunwar, Resident of VillageDilawarpur, P.S.- Kesariya, District- East Champaran. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Javed Aslam, Adv.

For the Opposite Party :

Smt. Suman Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Kesariay P.S. Case No.133 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302 and 506 of the Indian Penal Code.

Informant has alleged in the FIR that on 16.05.2017 at about 10:00 A.M. while he was sitting at his door petitioner came there and abused him. On protest made by informant, petitioner called his family members and they came variously armed and started assaulting informant and his family members. It is alleged that petitioner along with his family members assaulted his daughter and she died on way to hospital. It is submitted on behalf of the petitioner that he is innocent and he has falsely been implicated in this case due to

Patna High Court Cr.Misc. No.41408 of 2018(2) dt.18-07-2018 2/2 partition dispute between the parties. Both informant and petitioner are agnates. Allegation against petitioner is causing single injury on head by bamboo. There is no repetition of blow. Petitioner has got no criminal antecedent and he is in custody since 23.06.2017.

Earlier petitioner had moved before this Court for grant of bail in Criminal Miscellaneous No.51733 of 2017 which was rejected with liberty to renew his prayer for bail after completing one year in custody.

Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Kesariya P.S. Case No.133 of 2017.

(S. Kumar, J) sudip/manoj U T