Kedar Dom v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19759 of 2024 Arising Out of PS. Case No.-443 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Kedar Dom son of Bijali Dom Village - Belaur, P.S.- Udwantnagar, DistBhojpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarendra Kumar For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Udwantnagar P.S. Case No. 443 of 2023 dated 16.10.2023 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused person are alleged to have killed the nephew of the informant by strangulating his neck.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the father-in-law of the deceased.
Patna High Court CR. MISC. No.19759 of 2024(3) dt.07-08-2024 2/2 There is no eyewitness to the alleged occurrence. The cause of death is suffocation due to hanging leading to death. There is no specific allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.10.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with Udwantnagar P.S. Case No. 443 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T