Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25170 of 2024 Arising Out of PS. Case No.-1060 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== Kundan Kumar Son of Manoj Kumar Resident of Village- Khatangi, Police Station- Manikpur (OP), District- Arwal Presently residing at Bahadurpur Housing Colony, H.I.G. 7 HF, Block No. 5, Flat No. 48, P.S.- Agamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate Mr. Ajay Kumar, Advocate Mr. Sahjanand Sharma, Advocate For the State :

Mr. Anand Kishore Choudhary, APP For the Informant :

Mr. Satendra Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant. 2.

The petitioner seeks bail in connection with Agamkuan P.S. Case No. 1060 of 2023 instituted for the offence under Sections 302 & 34 of the Indian Penal Code. Charge sheet has been submitted in this case under Section 306 & 34 of the IPC.

3.

Prosecution case in short is that sister of the informant was done to death at her matrimonial house. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03-11-2023. Petitioner

Patna High Court CR. MISC. No.25170 of 2024(2) dt.10-04-2024 2/3 bears one criminal antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. From perusal of the FIR, it would reveal that brother of the informant had gone to the house of the deceased with police officials, whereafter the door was opened. It is submitted by referring to the postmortem report that death of the deceased is due to hanging and not by strangulation. It is lastly submitted that charge sheet is already submitted in this case. Father-in-law of the deceased has been granted bail by this Court vide order dated 19-03-2024, passed in Cr. Misc. 12955 of 2024.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

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

Patna High Court CR. MISC. No.25170 of 2024(2) dt.10-04-2024 3/3 Court below/concerned Court in connection with Agamkuan P.S. Case No. 1060 of 2023.

(Rudra Prakash Mishra, J) Raj kishore/- U T