Kunal Kumar @ Kunal Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35598 of 2024 Arising Out of PS. Case No.-1116 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Kunal Kumar @ Kunal Kumar Ram SON OF DINSH RAM RESIDENT OF VILLAGE- NADHI, WARD NO.2, P.S. - MADHEPURA (BHARRAHI O.P.), DISTRICT MADHEPURA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 302 and 34 of the IPC in connection with Madhepura (Bharrahi) P.S. Case No.1116 of 2023.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that her mother went to the house of Dinesh to make complaints regarding quarrel between the children, when it is alleged that the accused persons including the petitioner became furious and brutally assaulted her with lathi, danda, kick and fist, on account of which she became unconscious and thereafter she was taken to Sadar Hospital, Madhepura, where she died
Patna High Court CR. MISC. No.35598 of 2024(2) dt.26-07-2024 2/3 during the course of treatment. The learned counsel submits that the allegation of assault is general and omnibus in nature. It is also submitted that the informant is not an eye witness to the occurrence. It is next submitted that petitioner will not abscond rather will cooperate in the investigation.
4. The learned APP opposes the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Bharrahi) P.S. Case No.1116 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation, in that event, the learned trial court shall be at
Patna High Court CR. MISC. No.35598 of 2024(2) dt.26-07-2024 3/3 liberty to cancel the bail bond of the petitioner.
7. It is further made clear that, in the event, if the police after investigation files a charge sheet connecting the petitioner with the offence, in that event the present anticipatory bail order shall loose its effect.
8. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T