Sonu Kumar @ Praveen Kumar @ Pravin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43383 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- JAMALPUR District- Munger ====================================================== Sonu Kumar @ Praveen Kumar @ Pravin Kumar, S/o Parshuram Thakur, R/O Village- Rampur Basti/Chhoti Dariapur, P.S.. Jamalpur, District. Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP Mr. Manoj Kumar Singh, Advocate Mr. Saurabh Kumar, Advocate Mr. Raj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-07-2023
1. Heard learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State.
2. Petitioner seeks regular bail in connection with S.T. No. 528 of 2022 arising out of Jamalpur P.S. Case No. 172 of 2022 dated 01.10.2022 registered for the offences punishable under Sections 324 and 307 of the Indian Penal Code.
3. As per the prosecution, the informant alleged that this petitioner slit the throat of the informant's son, over love affair.
4. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and
Patna High Court CR. MISC. No.43383 of 2023(2) dt.24-07-2023 2/3 clean antecedent and has been languishing in jail for the last nine months and regarding the nature of injury found on the neck of the victim, final opinion has not been given by the Doctor concerned and moreover the weapon used in the alleged crime as per FIR is contradictory to the opinion given by the medical expert as injury to the informant's son (victim) has been opined to be caused by sharp and blunt object and moreover in view of the nature of injury sustained by the victim the alleged offence of section 307 IPC is not applicable in the present matter.
5. Learned APP appearing for the State as well as learned counsel for the informant has opposed the bail prayer.
6. Heard both the sides and perused the FIR and the order impugned. The instant matter relates to attempt to murder and there is direct and serious allegation against this petitioner of slitting the neck of the informant's son by using razor (ustura) and the motive to commit the alleged occurrence has also been mentioned in the FIR. Considering the seriousness of the allegation appearing against this petitioner, in my opinion it is not a fit case for bail to the petitioner at this stage. Accordingly, his bail prayer stands rejected.
7. Petitioner may renew his bail prayer after
Patna High Court CR. MISC. No.43383 of 2023(2) dt.24-07-2023 3/3 examination of the victim in his trial or after six months if within the said period the victim is not examined. (Shailendra Singh, J) Rajiv/- U T