Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25216 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Suman Kumar Son Of Prabhu Chaudhary Resident Of Village / Muhalla - Hathsarganj, Ward No.2, P.S. - Hajipur Town, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Anurag Singh, APP For the Informant :

Mr. Chandra Mohan Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner, learned counsel for the informant, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Rajapakar P.S. Case No. 200 of 2023, instituted for the offences punishable under Sections 420, 467, 468, 471, 504, 506 and 120(B)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, wife of the informant executed a sale deed of ancestral land with the petitioner. The informant was totally unaware of the same and the accused persons also threatened him. Wife of the informant had performed marriage with the petitioner to grab the land of the informant. It is alleged that the informant filed a divorce

Patna High Court CR. MISC. No.25216 of 2024(3) dt.25-06-2024 2/3 case in the family court.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. There is delay of lodging the F.I.R. Learned counsel for the petitioner further submits that the petitioner is only identifier of land seller and purchaser. The petitioner is in custody since 12.02.2024 and has got four criminal antecedents in which the petitioner is on bail.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant further submits that there is specific allegation levelled against the petitioner. Petitioner being the tenant of the informant has developed the illicit relation with the wife of the informant and taken her on his own clutch. The petitioner is the main accused in this case.

6. Considering the aforesaid facts and circumstances of the case, criminal antecedents and taking into account the period of custody undergone by the petitioner, this Court is not inclined to grant bail to the petitioner. Prayer is rejected.

7. The prayer is rejected. However, the petitioner is

Patna High Court CR. MISC. No.25216 of 2024(3) dt.25-06-2024 3/3 granted liberty to renew his prayer for bail within a period of one year from the date of production/receipt of this order. (Rudra Prakash Mishra, J) Rajorshi/- U T