Dharambir Kumar @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19939 of 2019 Arising Out of PS. Case No.-62 Year-2018 Thana- KHIRI MORE District- Patna ====================================================== DHARAMBIR KUMAR @ PAPPU KUMAR, aged about 35 years, Male, Son of Sri Ram Jatan Singh, Resident of Village - Kadhe Kudha, P.S.- Khiri More, Distt - Patna ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Sinha, Adv.

For the Opposite Party :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks anticipatory bail in connection with Khiri More P.S. Case No. 62 of 2018 for the offences alleged under Sections 302 and 120B of the Indian Penal Code and 27 of the Arms Act.

The accusation is that Narendra Kumar @ Baiju Singh on 05.07.2018 at 10.00 pm after taking his meal moved from the house for his boring for irrigation. In the morning on 06.07.2018, the informant came to know that her husband has been killed on machan in the sleeping condition. Further case of the informant is that Munna Kumar used to sleep with her husband, but, on the date of occurrence he did not sleep with him. One Pappu Kumar (petitioner) always used to threat her husband and Indrajeet Kumar also used to help Pappu Kumar in abusing her husband and he is having hand in the planning to commit murder of her husband.

Learned counsel for the petitioner submits that it

Patna High Court CR. MISC. No.19939 of 2019(4) dt.25-06-2019 2/2 appears from the first information report that informant is not the eye witness of the occurrence rather the name of the petitioner and three others have been disclosed by her on suspicion. The petitioner is the co-villager of the informant and due to enmity the petitioner has falsely been implicated. Further submission is that the case diary is up to paragraph 36 till 25.03.2019 and except suspicion nothing has been collected by the investigating officer showing the hand of the petitioner. The learned counsel for the State opposes the prayer for anticipatory bail.

In the facts and circumstances and materials on record, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Khiri More P.S. Case No. 62 of 2018 shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, III, Danapur, Patna, subject to the conditions as laid down under Section 438(2) Criminal Procedure. (Rajendra Kumar Mishra, J) Shamshad/- U T