Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31383 of 2020 Arising Out of PS. Case No.-223 Year-2015 Thana- NAUBATPUR District- Patna ============================================== CHANDAN KUMAR Son of Nageshwar Mochi Resident of Village- Serpura, P.S.- Dulhin Bazar, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr. Anuk Kumar Srivastava ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-01-2021 Heard Mr. Shailesh Kumar Singh, learned counsel for the petitioner and Mr. Anuj Kumar Srivastava, learned APP for the State.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 223 of 2015 instituted for the offences under Sections 302 and 201 of the Indian Penal Code.

It appears from the First Information Report that the informant was reported that a dead body of a female is lying in the field. On this information, he went to the place of occurrence and saw the dead body. Consequently, the subject F.I.R. was registered against unknown. Two persons

Patna High Court CR. MISC. No.31383 of 2020(3) dt.07-01-2021 2/3 were made accused in this case, namely, the husband of the deceased and the petitioner who is the younger brother of the husband of the deceased.

Learned counsel for the petitioner has submitted that the deceased was a person of high caste whereas the petitioner and his brother hail from low caste. The possibility of the deceased having been killed by her family members cannot be ruled out. Apart from this, it has been urged that the deceased had married the brother of the petitioner of her own volition and the petitioner has got no concern at all with the affairs of his brother or the deceased. During the course of the investigation, no concrete material could be collected against the petitioner except his being related as a brother to the husband of the deceased.

The petitioner is in custody since 10.01.2020. Regard being had to the afore-stated facts and the period of custody, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.31383 of 2020(3) dt.07-01-2021 3/3 Chief Judicial Magistrate -II, Danapur, Patna, in connection with Naubatpur P.S. Case No. 223 of 2015.

(Ashutosh Kumar, J) sunilkumar/- U T