Ritesh Kumar @ Rikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 17514 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Anand Kumar @ Anand Yadav Son Of Prem Rai Alias Prem Yadav Resident Of Village- Fajilpur, Ps- Rajepur, District- East Champaran ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 17333 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Ritesh Kumar @ Rikesh Kumar S/O Binod Rai R/O Village- Fajilpur, P.SRajepur, Distt.- East Champaran. ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 17514 of 2023) For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Madhuri Lata (In CRIMINAL MISCELLANEOUS No. 17333 of 2023) For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

As per FIR, the allegation against the accused

Patna High Court CR. MISC. No. 17514 of 2023(3) dt.28-06-2023 2/3 persons is that they committed murder of the informant's daughter by pouring acid on her body.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioners have no concern with the alleged occurrence and there is no eye witness of the alleged occurrence. As per postmortem report which is annexed with case diary, where doctor opined cause of death is asphyxia and cardio respiratory failure caused by tie around the neck. They have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody for more than eleven months.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Tariyani

Patna High Court CR. MISC. No. 17514 of 2023(3) dt.28-06-2023 3/3 P.S. Case No. 155 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Sheohar.

(Sunil Kumar Panwar, J) manishkumar/- U T