Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22302 of 2022 Arising Out of PS. Case No.-291 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== SONU KUMAR S/o Vinod Singh, R/o village- Kusumhar, P.S.- Akbarpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Akbarpur P.S. Case No. 291 of 2021 lodged under Sections 302/34 of the Indian Penal Code.

The prosecution case is that the informant (father of the deceased) stated that, the marriage of his daughter solemnized with the brother of the petitioner 15 years back. They have three kids. The allegation of torture is upon the husband and family members. The allegation of killing at the night of 29.04.2021 has alleged upon the husband and his family members.

Learned counsel for the petitioner submits that petitioner is the Devar of the deceased. He has categorically

Patna High Court CR. MISC. No.22302 of 2022(2) dt.27-07-2022 2/3 stated in para-10 of the petition that petitioner has five brothers and all are living separately and they are separate in mess and business. Petitioner has no concerned with the internal affairs of the family of his brother, namely, Nitish whose wife became deceased in this case. He further submits that father-in-law and mother-in-law of the deceased have already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 22.03.2022 passed in Cr. Misc. No.69853 of 2021, on condition that they shall keep three minor children of the deceased with them. Learned counsel for the petitioner further submits that petitioner is in custody since 14.09.2021 and charge sheet has already been filed in this case.

Learned counsel for the petitioner informed that originally in the bail application, he has written clean antecedent but subsequently he filed a supplementary affidavit by which he informed that there is one case pending against the petitioner on which he is on bail. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances and the submissions made above that the petitioner is the Devar and he has nothing to do with the family of his brother particularly internal affairs and also considering the period of custody, let

Patna High Court CR. MISC. No.22302 of 2022(2) dt.27-07-2022 3/3 the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 291 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observations, the bail application is allowed. (Dr. Anshuman, J.) ravishankar/- U T