Suchit Kumar @ Suchit Singh @ Sachin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31717 of 2024 Arising Out of PS. Case No.-88 Year-2023 Thana- KHAJEKALA District- Patna ====================================================== Suchit Kumar @ Suchit Singh @ Sachin Singh SON OF Arjun Prasad Singh MOHALLA-Nauzer Katra Diwan Mohalla, POLICE STATIONKHAZEKALAN, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlesh Kumar, Adv.

Mr. Deepak Kumar Singh, Adv.

Mr. Kahkashan Alam, Adv.

Mr. Saket Tiwari, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and Sri J. N. Thakur, learned APP for the State.

2. The petitioner seeks regular bail in Khazekalan P.S. Case No. 88 of 2023 corresponding to S.T. No. 1257 of 2023 registered for the offence punishable under Section-302 of the Indian Penal Code.

3. The informant is widow of the deceased. She makes allegation that a quarrel had taken place between the deceased and the informant. Thereafter, she went to the house of one of her relatives in Patna. On the next day, i.e. 05-03-2023, she received information that the petitioner who is brother-inlaw (Bhainsur) of the informant had brutally assaulted her

Patna High Court CR. MISC. No.31717 of 2024(4) dt.21-08-2024 2/3 husband, as a result of which, he died in course of treatment in PMCH.

4. Learned counsel for the petitioner has submitted that the petitioner is own brother of the deceased. The FIR shows that there was a quarrel between the husband (deceased) and his wife (informant) and the petitioner had nothing to do with day-to-day affairs of the husband and the wife. Further submission of learned counsel for the petitioner is that there is no motive for committing murder of own brother of the petitioner.

5. On the otherhand, Mr. J.N. Thakur, learned APP for the State has opposed the prayer for bail by submitting that in his confessional statement recorded at paragraph-15 of the case diary, the petitioner has confessed his guilt to which, learned counsel for the petitioner submits that the confessional statement before the police is not admissible in evidence.

6. Considering the aforesaid facts and circumstances coupled with the fact that the petitioner is in custody for a period of one and a half year, let the petitioner named above, 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 learned Additional Sessions Judge-III, Patna City

Patna High Court CR. MISC. No.31717 of 2024(4) dt.21-08-2024 3/3 in connection with Khazekalan P.S. Case No. 88 of 2023 corresponding to S.T. No. 1257 of 2023 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) A.K.V.//- U T