Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17942 of 2025 Arising Out of PS. Case No.-450 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== Sonu Kumar S/o- Gaurishankar Singh @ Santosh Singh Village- Bhainsaha Ps- Dehri Town Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Mr. Diwakar, Adv.

For the State :

Mr. Tarun Prasad Mandal, APP For the Informant :

Mr. Yugal Kishore, Adv.

Ms. Rupa Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-05-2025 Heard learned senior counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.

2. In this present case, the petitioner seeks bail in connection with Muffasil P.S. Case No. 450 of 2024 registered on 21.11.2024 for the offences under Sections 103(1) and 3(5) of the B.N.S.

3. As per prosecution case, the informant received news about illness of his daughter and subsequently when he reached the place where his daughter has been staying, he did not find her there. Thereafter, the nephew of the informant told him about the petitioner who had been calling him and telling him that the daughter of the informant was in hospital and she

2/4 was serious. Next morning when the informant got it inquired from the hospitals, he did not find any trace of his daughter and later on the dead body of the daughter of the informant was found at a passenger shed from where it was taken to Aurangabad Sadar Hospital. The informant showed his suspicion that the petitioner killed his daughter and left the dead body in the passenger shed.

4. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was having love affairs with the daughter of the informant and it is apparent from the FIR that it was the petitioner who had been giving information about the serious condition of the daughter of the informant to the relatives of the informant. The informant is not an eye-witness to any of the occurrence and his statement is based on hearsay. There is no material against the petitioner except suspicion. The statement of the witnesses recorded during investigation shows the petitioner tried to get the daughter of the informant treated at different hospitals and one of the doctors also stated about the girl telling him that she has consumed three tablets of poison. It has also come in the investigation that the girl consumed Celphos. Learned senior counsel further submits that the petitioner had given a mobile

3/4 phone to the daughter of the informant and he had come to collect the said mobile phone and for some reason, the girl consumed poison and the petitioner cannot be made liable for the same. Petitioner is in custody since 23.11.2024 and chargesheet has been submitted under Sections 108 and 69 of the BNS. Petitioner is having clean antecedent.

5. Learned A.P.P. as well as learned counsel for the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that activities of the petitioner are quite suspicious and though he informed the nephew of the informant about taking the girl to some hospital, he did not stay there and again informed him that the girl was taken to some other hospital but in none of the hospital the girl was to be found. It seems the petitioner administered poison to the daughter of the informant and in order to save himself, put the dead body at some secluded place.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and further considering lack of substantive material against the petitioner to connect him with the offence as alleged and also considering the clean antecedent of the petitioner along with his period of

4/4 custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad/concerned court in connection with Muffasil P.S. Case No. 450 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T