Prins Kumar @ Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23267 of 2016 Arising Out of PS.Case No. -57 Year- 2015 Thana -KHIJARSARAI District- GAYA ====================================================== Prins Kumar @ Prince Kumar son of Dinesh Singh resident of village - Mai, Police Station - Khizarsarai, District - Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-05-2016 Heard learned counsel for the petitioner and counsel for the State.

The petitioner is apprehending his arrest in connection with Khizar Sarai P.S. Case No. 57 of 2015 for offence under Sections 302 and 34 of the Indian Penal Code. The prosecution case is that one Pawan Kumar, who was friend of the Informant's son Chandan Kumar, had some illicit relationship with the wife of Chandan Kumar when Chandan Kumar was throttled to death Learned counsel for the petitioner has submitted that the petitioner is not named in the First Information Report but during investigation, the name of the petitioner sprang up as the petitioner was friend of Pawan Kumar. A statement has been made

Patna High Court Cr.Misc. No.23267 of 2016 (2) dt.24-05-2016 in paragraph no.3 that the petitioner has got no criminal antecedent. Learned counsel for the petitioner has further submitted that the petitioner has been falsely implicated in this case only on mere suspicion.

Considering the fact that there is a specific accusation against Pawan Kumar in the First Information Report and the name of the petitioner has sprung up during investigation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail till conclusion of the trial on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Gaya in connection with Khizar Sarai P.S. Case No. 57 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted on filing an affidavit that he will regularly cooperate in the investigation. Non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioner.

(Dinesh Kumar Singh, J) Rishi/- U T