Patna High CourtCR. MISC./40792/2015bail granted

Pinku Kumar @ Pawan @ Pintu Kumar @ Pawan Singh v. The State Of Bihar

2015-10-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40792 of 2015 Arising out of PS.Case No. -232 Year- 2014 Thana -MANER District- PATNA ====================================================== Pinku Kumar @ Pawan @ Pintu Kumar @ Pawan Singh, S/o Vijay Singh, resident of Village - Sikandarpur, P.S. - Maner, Dist. - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ramakant Sharma, Sr. Advocate. For the Opposite Party : Mr. Smt. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard learned senior counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 12.12.2014 in connection with Maner P.S. Case No. 232 of 2014 for the offences instituted under Section 302/34 of the IPC., but the charge sheet has been submitted under Section 306 of the IPC. The accusation is of killing the daughter of the informant after six years of marriage.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 12.12.2014 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. The case was instituted for the offence

Patna High Court Cr.Misc. No.40792 of 2015 (3) dt.14-10-2015 2/2 under Section 302/34 of the IPC., but subsequently charge sheet has been submitted under Section 306 of the IPC. The petitioner has been made accused in the present case due to mistake of fact. There is no eye witness to the occurrence nor there is any direct or indirect evidence against him.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Danapur, Patna, in connection with Maner P.S. Case No. 232 of 2014.

U.K./- (Sudhir Singh, J) U T