Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20492 of 2018 Arising Out of PS. Case No.-38 Year-2012 Thana- KATRA District- Muzaffarpur ====================================================== Binod Kumar, S/o Khareri Sah, R/o Village Changel, P.S. Katra, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with S. Tr. No. 184 of 2016 arising out of Katra P.S. Case No. 38 of 2012 registered for the offences punishable under Sections 302, 376 and 34 of the Indian Penal Code. Informant who is the father of deceased has alleged that when her daughter had gone to attend call of nature villagers informed him that petitioner along with other coaccused persons killed her after committing rape and fled away. No sign of rape was found in Post-Mortem report. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case only on suspicion and due to village politics. There is no eye witness of the alleged

Patna High Court Cr.Misc. No.20492 of 2018(9) dt.30-10-2018 2/2 occurrence. He has no criminal antecedent. He is in custody since 21.08.2016. It has been further submitted that similarly placed co-accused has been granted bail by another co-ordinate Bench of this Court in Cr. Misc. No. 18980 of 2018 vide order dated 21.06.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 8th Additional Sessions Judge, Muzaffarpur in connection with S. Tr. No. 184 of 16 arising out of Katra P.S. Case No. 38 of 2012. (S. Kumar, J) Rajiv/ManojU T