Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23853 of 2019 Arising Out of PS. Case No.-351 Year-2018 Thana- DEEPNAGAR District- Nalanda ====================================================== SURAJ KUMAR, Son of Sunil Kumar, Resident of Village - Raisa, P.S.- Chandi, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Rabindra Kumar, APP For the Informant :

Mrs. Priyanka Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 08-07-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant Petitioner seeks bail in Deepnagar P.S. Case No.351 of 2018 instituted for the offence under Section(s) 302/34 Indian Penal Code.

Counsel for the petitioner submits that there is no eye witness to the occurrence. Name of the petitioner has come during investigation only on suspicion on the basis of CDR that the petitioner was on talking terms with Sweety Kumari, daughter-in-law of the informant and wife of the deceased. Name of the Petitioner has been disclosed by the daughter-inlaw of the informant in her confessional statement. It is alleged in the written report that Sweety Kumari

Patna High Court CR. MISC. No.23853 of 2019(3) dt.08-07-2019 2/2 informed the informant that her husband, who was sleeping on the roof, is lying dead. The informant has raised suspicion that her daughter-in-law in collusion with other person has got him strangulated because she has illicit relationship with others. Counsel for the petitioner submits that from the impugned order it appears that in para 35 and 36 of the case diary name of petitioner has come on the basis of CDR that petitioner was on talking term with wife of the deceased. Petitioner is in custody since 01.10.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Deepnagar P.S. Case No.351 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T