Patna High CourtCR. MISC./38726/2022bail granted

Vikash Kumar v. The State Of Bihar

2022-07-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38726 of 2022 Arising Out of PS. Case No.-79 Year-2019 Thana- PIPRA District- Patna ====================================================== Vikash Kumar, S/O Sri Dineshwar Prasad @ Sri Dineshwar Rai R/VShekhpura, P.S.- Pipra, Distt.- Patna. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for bail which was earlier rejected by order dated 10.01.2022 in Cr. Misc. No.32723 of 2021 on the ground that the marriage was only three years old and the deceased, the wife of the petitioner, was made to consume poison as it was alleged in the F.I.R. The learned counsel for the petitioner draws the attention of the Court to the evidence of the informant in the trial (Annexure-5 to the bail application). From perusal of the same, it manifests that the informant in the trial has not supported the prosecution case rather he has very clearly stated in his cross-examination that "JAISA FARD-BAYAN ME LIKHA GAYA HAI WAISI KOI GHATNA NAHI GHATI HAI".

Patna High Court CR. MISC. No.38726 of 2022(2) dt.27-07-2022 2/2 The learned counsel thus submits that since the informant himself has not supported the case of the prosecution in the trial, as such, keeping the petitioner in custody would be a travesty of justice.

Learned A.P.P. opposes the bail application.

Considering the submission made by the learned counsel for the petitioner, the petitioner, above-named, 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 learned Court below where the case is pending in connection with Sessions Trial No.356 of 2021 arising out of Pipra P. S. Case No.79 of 2019.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T