Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35768 of 2024 Arising Out of PS. Case No.-142 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Sonu Kumar son of Kari Paswan Village- Harail Ps- Mohiuddin Nagar DistSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Mohiuddin Nagar P.S. Case No. 142 of 2023 instituted for the offence under Section 306 of the Indian Penal Code. 3.

The allegation against the petitioner along with others is of threatening the daughter of the informant and due to that reason, she committed suicide.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-10-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.35768 of 2024(5) dt.06-12-2024 2/3 counsel that petitioner has been falsely implicated in the present case. It is submitted that earlier daughter of the informant had lodged an FIR against the petitioner bearing Mohiuddin Nagar P.S. Case No. 104 of 2023 alleging that petitioner had allegedly made video of daughter of the informant, while she was attending call of the nature in the open field and was pressurizing her to make the said video viral, if she does not agree to marry him. It is next submitted that in fact recital of the FIR goes to show that there is allegation only to the extent of giving threat and there is no allegation that the video was made viral. It is lastly submitted that other co-accused has been allowed regular bail by this Court vide order dated 24-04-2024, passed in Cr. Misc. No. 31148 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. The informant in his re-statement has fully supported the prosecution case.

7.

Earlier a report was called from the trial court and it is reported that six prosecution witnesses have been examined and four witnesses are yet to be examined. It is further reported that trial is likely to be concluded within a period of six months. 8.

Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.35768 of 2024(5) dt.06-12-2024 3/3 of the case, nature and gravity of the offence and specifically taking into account the fact that trial is on the verge of its conclusion, hence, at this stage, this Court is not inclined to grant bail to the petitioner. Prayer is accordingly rejected. 9.

However, petitioner will be at liberty to renew his prayer for bail if the trial is not concluded within a period of six months from today.

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