Palindra Kumar @ Polindra Kumar @ Phulendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29934 of 2020 Arising Out of PS. Case No.-103 Year-2019 Thana- KARPI District- Jehanabad ====================================================== PALINDRA KUMAR @ POLINDRA KUMAR @ PHULENDRA YADAV Son of Raja Ram Yadav Resident of Village- Santoshi Bigha, Sarwali Sherpur, P.S.- Karpi, District- Arwal ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Karpi P.S. Case No. 103 of 2019 registered under sections 279 and 304 A of the Indian Penal Code to which sections 302, 201 and 120 B of the Indian Penal Code was added subsequently.
As per allegation in the FIR, the informant received information that his son who had proceeded on his motorcycle met with an accident and had died. On reaching the police station he saw that his son had sustained injuries in the back of his head and was dead.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.29934 of 2020(3) dt.04-01-2021 2/3 that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation when it transpired that the deceased son of the informant was having a love affair with a lady and the petitioner happens to be a relative (brother-in-law) of the said lady. It also transpired that the deceased used to visit the lady regularly and it was as a result of their affair that the deceased was called and murdered. It is further submitted that admittedly there is no eyewitness to the occurrence and the postmortem report of the deceased also states the cause of occurrence to be cardio respiratory arrest due to neurogenic shock. There is no mark of any injury having been found on the body of the deceased in the postmortem report. The petitioner is in custody since 8.2.2020 and charge sheet has already been submitted in the case. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the contents of the postmortem report and charge sheet having been submitted, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Karpi P.S. Case No. 103
Patna High Court CR. MISC. No.29934 of 2020(3) dt.04-01-2021 3/3 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal. (Partha Sarthy, J) sushma/- U T