Ram Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18115 of 2023 Arising Out of PS. Case No.-663 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== RAM VINAY KUMAR S/O RAM SEWAK SAH Resident of villageIndarwa, P.S.- Sonebarsa, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal Sr. Adv :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 302, 201, 435/120B of the Indian Penal Code. As per prosecution case, the informant alleged that co-accused namely, Raushan Sah who is second husband of the informant, made a conspiracy and committed murder of her daughter Arti Kumari & son Kartik. It is further alleged that coaccused also assaulted the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather He has falsely been

Patna High Court CR. MISC. No.18115 of 2023(3) dt.27-06-2023 2/3 implicated in this case. From perusal of case diary as well as FIR, the specific allegation in respect of commission of murder is against co-accused Raushan Sah who further disclosed the name of the petitioner in his confessional statement saying that, this petitioner instigate him to kill the children of the informant. It is further submitted that confessional statement before police, has got no evidentiary value in the eye of law. The informant herself did not say anything about the involvement of the petitioner. The petitioner has no concerned with the alleged offence or with co-accused and there is also no any active part of the petitioner in the commission of this offence. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 23.11.2022. 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 petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumra P.S. Case No. 663 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with

Patna High Court CR. MISC. No.18115 of 2023(3) dt.27-06-2023 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi. (Sunil Kumar Panwar, J) Amandeep/- U T