Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17907 of 2023 Arising Out of PS. Case No.-73 Year-2021 Thana- SANDESH District- Bhojpur ====================================================== MUKESH KUMAR SON OF LATE JHULAN YADAV RESIDENT OF VILLAGE- JAMUAON, PS- SANDESH , DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. A.K. Thakur, Adv.

Ms. Vaishnavi Singh, Mr. Ritwik Thakur For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 120(B) of the Indian Penal Code.

As per allegation in the FIR, informant's wife and victim daughter both were sleeping at night together on 29.3.2021. On next morning, they found that their daughter was missing from the house. They started a search and during search, they get an information that dead body of his daughter was taken by the police at Ara for postmortem from Dehri Bridge at Kumhare river. Informant suspected that some unknown boy allured his daughter and killed her by assaulting

Patna High Court CR. MISC. No.17907 of 2023(3) dt.12-07-2023 2/2 her on head and throttling and thereafter thrown the head body near bank of river at Dumare village.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. FIR is against unknown. There is no eye witness of the occurrence. Save and except self confessional statement of the petitioner, nothing has come during investigation to show his complicity. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 29.10.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhojpur at Ara in connection with Sandesh P.S. Case No. 73 of 2021.

(Sunil Kumar Panwar, J) sushma/- U