Sonu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.5031 of 2017 (3) dt.02-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5031 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Sonu Kumar, S/o Jalahandar Singh, Vill-Batraulia, P.S.-Saraiya, Dist.- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-03-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Saraiya P.S. Case No. 218 of 2016 instituted for the offence under sections 302/34 of the Indian Penal Code.

It is alleged in the written report that while son of the informant was plucking Lalmi, the informant heard a sound of firing and saw the petitioner and other accused persons named in the written report running away from Bathan of Dharikshan Shukla. The informant went there and found his son lying dead in the Bathan of Dharikshan Shukla.

The statement of Dharikshan Shukla has been recorded by the police.

Patna High Court Cr.Misc. No.5031 of 2017 (3) dt.02-03-2017 The learned A.P.P. has submitted that the statement of Dharikshan Shukla is recorded in para 62 of the case diary wherein he stated that at 3 P.M., he saw a dead body and could not identify the same, thereafter, he called a villager and also informed the informant who came weeping there and identified the dead body of his son.

It is further submitted that one of the similarly situated accused, Dinesh Singh has already been granted anticipatory bail by a coordinate bench of this court in Cr. Misc. No. 53709 of 2016 vide order dated 3.2.2016.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. In the event surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Saraiya P.S. Case No. 218 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, West Muzaffarpur, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Sanjay Priya, J) Ravi/- U T