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Patna High CourtCR. MISC./30197/2020allowed

Kamlesh Kumar Singh v. The State Of Bihar

2020-12-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30197 of 2020 Arising Out of PS. Case No.-312 Year-2019 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Kamlesh Kumar Singh, aged about 37 years, Gender-Male, son of Late Ramdhani Singh, R/o Vill.-Pachilikhi, P.S.-Durgawati, Distt.-Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri, Advocate For the State :

Mr.Anuj Kumar Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2020 Learned counsel for the petitioner is permitted to corrct paragraph-1 and prayer portion in the petition in course of the day. In place of Excise Case No.312 of 2019, it should be read as Durgawati P.S. Case No.312 of 2019.

Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Durgawati P.S. Case No.312 of 2019 corresponding to Registration No.2383 of 2019 registered for the offence punishable under Section 306/34 of the Indian Penal Code. The allegation is regarding the accused persons having tortured the informant and his wife resulting in informant and his wife consuming poison resulting in death of the wife of the informant, however, on account of medical treatment, the informant was saved.

Patna High Court CR. MISC. No.30197 of 2020(3) dt.15-12-2020 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in the present case. He further submits that the petitioner has got no any criminal antecedent mentioned in paragraph-3 of the bail petition. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted anticipatory bail by this Co-ordinate Bench of this Court. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 04.06.2020. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhabhua, Kaimur in connection with Durgawati P.S. Case No.312 of 2019 corresponding to Registration No.2383 of 2019.

(Anjani Kumar Sharan, J) Nasimul/- U T