Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29258 of 2021 Arising Out of PS. Case No.-373 Year-2020 Thana- MAHNAR District- Vaishali ====================================================== Ashok Kumar, S/O Rupnarayan Ray R/O Village-Hargovindpur, Basdeopur, P.S.-MAHNAR, District-Vaishali. According To Fir Ashok Rai, S/O Rajnarayan Ray, R/O Village-Sarmstpur, P.S.-MAHNAR, District-Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vasant Vikas, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2022 Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest in connection with Mahnar P.S. Case No.373 of 2020 registered for the offence under Sections 302, 201/34 of the IPC. Prosecution case in short is that, on 24.11.2020 informant's son namely Pappu Kumar had gone to his Sasural to call of his wife namely Priti Devi. On 25.11.2020 at about 06:30 PM informant came to know that all the accused persons named in the F.I.R. along with 4-5 other co-accused persons in conspiracy with each other called his son Pappu Kumar and killed him and they are going to dispose the dead body. Informant and others including police personnels saw the accused persons taking the dead body with them in a chaur
Patna High Court CR. MISC. No.29258 of 2021(3) dt.21-03-2022 2/3 ahead of Samastpur Pethia. The accused persons started fleeing away on the sight of police team but Ramsagar Rai got apprehended with the dead body. Later on he was handed over to the police. Informant Sibu Rai has stated the reason of this incidence that about four years ago Pappu Kumar was forcibly married. When Pappu came to know that her wife Priti has an illicit relationship with one Ashok Rai, his wife has killed Pappu Kumar with the help of other accused persons. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in this case on suspicion. He further submits that there is no specific allegation against the petitioner only general and omnibus allegation against the petitioner. Petitioner has no criminal antecedent.
Learned APP appearing for the State has opposed the prayer for anticipatory bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of communication of this order is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten
Patna High Court CR. MISC. No.29258 of 2021(3) dt.21-03-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahnar P.S. Case No.373 of 2020, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Prakash Narayan /- U T