Dilkhush Kumar Alias Dilkhush Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38682 of 2022 Arising Out of PS. Case No.-252 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Dilkhush Kumar alias Dilkhush Singh (Male 25 years), Son of Sohan Singh, Resident of Village - Lakhminiya, P.S.- Ballia, Distt.- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shubhesh Pandey, Advocate For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Sahebpur Kamal P.S. Case No. 252 of 2021 registered for the offence under Sections 364, 302/34 and 120 (B) of the I.P.C. The prosecution case, in brief, is that the petitioner alongwith other co-accused persons have kidnapped the husband of the informant and the informant has apprehension that her husband would be killed by the accused persons. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.38682 of 2022(2) dt.16-12-2022 2/2 the petitioner is in custody since 08.10.2021. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The name of the petitioner has transpired in the present case on the basis of disclosure made by the informant in the F.I.R. Subsequently, the informant has filed a petition in the learned court below, vide Annexure-3 to the present bail application, where she has retracted from her earlier statement made in the F.I.R. and has stated that under wrong impression she had given the name of the petitioner in the F.I.R.

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

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Begusarai, in connection with Sahebpur-Kamal P.S. Case No. 252 of 2021. (Sudhir Singh, J) U.K./- U T