Harendra Kumar @ Harendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39158 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- KURSAKANTA District- Araria ====================================================== HARENDRA KUMAR @ HARENDRA PASWAN SON OF MR. SURENDRA PASWAN RESIDENT OF VILLAGE - DANIYAWAN, P.S. - TELHARA, DISTRICT - NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Thakur Mr.Vaishnavi Singh cMr. Ritik Thakur For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kursakanta (Kuwari O.P.) P.S. Case No. 09 of 2024 lodged on 12.01.2024 under Section 302/120B of the Indian Penal Code.

3. As per the prosecution case, F.I.R. has been lodged against the present petitioner and some unknown accused persons against whom there is an allegation that petitioner had killed the informant's daughter as she become traceless from the house, and subsequently, towards 500 m East from his house, dead body of informant's daughter was found, and thereafter, suspicion has been casted upon the petitioner that he has killed

Patna High Court CR. MISC. No.39158 of 2024(2) dt.29-05-2024 2/3 her daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner was working as Clerk at AIIMS, Pondicherry and also he was residing there only. Subsequently, the deceased came to his father's house where this occurrence took place on 11.01.2024 in the morning hour. In this regard, station diary entry has been made, inquest has been prepared and post-mortem has also taken place on 11.01.2024 itself. Till date informant has not disclosed anything against the petitioner, rather on the very same day, he came with a new story that petitioner is involved in the commission of the crime. Counsel further submits that the criminal antecedent of the petitioner is not clean and there is one case pending against him in which he is on bail. The petitioner is in custody since 13.01.2024

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.39158 of 2024(2) dt.29-05-2024 3/3 the satisfaction of learned Additional Chief Judicial Magistrate 1st Class, Araria in connection with Kursakanta (Kuwari O.P.) P.S. Case No. 09 of 2024 subject to the condition laid down under Section 437(3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U