Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25222 of 2024 Arising Out of PS. Case No.-149 Year-2023 Thana- IMAMGANJ District- Gaya ====================================================== 1.

Rahul Kumar Son of Late Krishna Paswan Resident of Village- Bageya, P.S.- Imamganj, District- Gaya 2.

Runta Devid @ Runta Kumari Wife of Rahul Kumar Resident of VillageBageya, P.S.- Imamganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Imamganj P.S. case No. 149 of 2023 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. Prosecution story, in short, is that these petitioners

Patna High Court CR. MISC. No.25222 of 2024(2) dt.05-04-2024 2/3 along with co-accused persons killed the daughter of the informant namely Reshmi Devi.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. Chargesheet has been submitted under Section 306/34 of the Indian Penal Code. He further submitted that police, after investigation submitted final form against the co-accused person. It has been submitted on behalf of the petitioners that the petitioners are in custody since 26.11.2023 and no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners and submitted that post-mortem report reveals that cause of death of deceased is asphyxia and shock due to hanging.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent, no direct allegation and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.25222 of 2024(2) dt.05-04-2024 3/3 below/concerned Court in connection with Imamganj P.S. case No. 149 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T