Sujit Kumar @ Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29123 of 2020 Arising Out of PS. Case No.-27 Year-2019 Thana- SONNAGAR RAIL P.S. District- Gaya ====================================================== 1.
Sujit Kumar @ Sujeet Kumar S/O Dineshwar Paswan Resident Of VillageAnkorha, P.S.- N.T.P.C. Khaira, Distt- Aurangabad. 2.
Vikash Kumar S/o Umesh Paswan Resident of Village- Ankorha, P.S. N.T.P.C. Khaira, District- Aurangabad.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party :
Mr.Pramod Kr.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-01-2021 Heard learned counsel for the petitioners and the State.
Petitioners apprehend arrest in Rail(Sone Nagar) Police Station Case No. 27 of 2019 registered for the offences punishable under Sections 302,120B,201/34 of the Indian Penal Code.
Prosecution's case in brief is that on 15.5.2019 one Soni Kumari called informant's son on telephone on the marriage ceremony of her cousin sister in her house. It is alleged that on 18.5.2019 the informant's son reached there and thereafter it is alleged that all these petitioners assaulted his son and killed him.
Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.29123 of 2020(3) dt.06-01-2021 2/2 petitioners are not named in the FIR and they have been made accused in this case on the basis of suspicion. Mother of said Soni Kumari has not alleged anything against these petitioners. Learned counsel for the State opposes the prayer for bail. He submits that petitioner's name has come in the statement of Soni Kumari under Section 164 Cr.P.C. in which she has specifically stated that this petitioners and other coaccused persons caught the informant's son and assaulted him and next morning his dead body was recovered. Considering the nature and severity of the allegation, prayer for bail of the petitioners is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) Shashi U T