Patna High CourtCR. MISC./21010/2024bail granted

Pappu Kumar v. The State Of Bihar

2024-04-02Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21010 of 2024 Arising Out of PS. Case No.-222 Year-2023 Thana- NATWAR District- Rohtas ====================================================== Pappu Kumar S/O- Rajendra Sah @ Rajendra Prasad R/O- Village- Natwar, P.S.- Natwar, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Natwar P.S. Case No. 222/2023 lodged on 10.12.2023 under Section 302/34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against seven named accused persons, including the present petitioner. It is alleged in the FIR that the petitioner has strangulated the neck of the informant's sister due to which she died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The present FIR has been lodged under Section 302/34 of the Indian Penal Code, but the chargesheet has been submitted under Section 306

Patna High Court CR. MISC. No.21010 of 2024(2) dt.02-04-2024 2/2 of the Indian Penal Code. Counsel further submits that the postmortem report has been annexed in which cause of death has been indicated that due to hanging the death has been caused. The petitioner is in custody since 11.12.2023 having no criminal antecedent and the chargesheet has already been filed.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bikramganj, Rohtas, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U