Patna High CourtCR. MISC./35829/2024allowed

Krishna Kumar v. The State Of Bihar

2024-06-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35829 of 2024 Arising Out of PS. Case No.-376 Year-2023 Thana- PUPRI District- Sitamarhi ====================================================== Krishna Kumar S/O Kaushal Thakur R/O VILLAGE- Bhitha Jalalpur, P.S. Pupri, Dist. Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/304(B)/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the petitioner along with others used to torture and assault the informant's daughter saying her as bad character. It is further alleged that on 1.9.2023, the informant came to know that is daughter was committed murder by strangulation.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. No prior complaint has been made

Patna High Court CR. MISC. No.35829 of 2024(3) dt.25-06-2024 2/2 against the petitioner regarding torturing or assaulting the deceased. As per postmortem report, the cause of death is opined due to asphyxia leading of CR failure as a result of hanging. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 5.3.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge in connection with Pupri P.S. Case No. 376 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Pupri, Sitamarhi. (Sunil Kumar Panwar, J) Amandeep/- U T