Mithilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39770 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== MITHILESH KUMAR Son of Suresh Bhagat Resident of Village - Madhopur, P.s.- Madhuban, Distt.- East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 43340 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== DILIP KUMAR Son of Ruplal Prasad Resident of Village - Madhopur, P.S. Madhuban, District - East Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 44414 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== RINA DEVI Wife of Late Babloo Singh R/V- Madhuban Tola Suba Singh , P.S- Madhuban, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 39770 of 2022) For the Petitioner/s :
Mr.Vijay Shankar Shrivastava For the Opposite Party/s :
Mr.Rabindra Kumar (In CRIMINAL MISCELLANEOUS No. 43340 of 2022) For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Binod Kumar (In CRIMINAL MISCELLANEOUS No. 44414 of 2022) For the Petitioner/s :
Mr.Karandeep Kumar For the Opposite Party/s :
Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
Patna High Court CR. MISC. No.39770 of 2022(3) dt.13-02-2023 2/3 ORAL ORDER 13-02-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
According to prosecution case, the informant Reena Devi, wife of deceased stated that her husband gone at Fulwari for celebration of party with prepared mutton along with his friend but in late night he has not returned and the co-villagers informed about the dead body of her husband lying at mango fulwari.
Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. The name of the petitioners have come in picture on the confessional statement of informant Reena Devi, one of the petitioner also where she disclosed that she developed illicit relationship with the co-accused Dilip Kumar and with the help of one petitioner Mithilesh Kumar, her husband was killed. There is no consistent evidence, no eyewitness to corroborate the prosecution case. Petitioners are in custody since 23.01.2022, 22.01.2022 and Learned APP appearing for the State has opposed the
Patna High Court CR. MISC. No.39770 of 2022(3) dt.13-02-2023 3/3 prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sessions Trial No. 447 of 2022, arising out of Madhuban P.S. Case No. 27 of 2022, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 12th Additional Sessions Judge Motihari, East Champaran.
(Sunil Kumar Panwar, J) Ranjeet/- U T