Rahul Kumar @ Rahul Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38045 of 2020 Arising Out of PS. Case No.-13 Year-2020 Thana- INDUSTRIAL District- Bhagalpur ====================================================== RAHUL KUMAR @ RAHUL KR. SINGH, Son of Ram Prasad Singh Resident of Bahadurpur, P.S.- Bhagalpur Industrial Area, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-05-2021 Heard Mr. Chandra Shekhar Anand, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Bhagalpur Industrial Area P. S. Case No. 13 of 2020, dated 28.02.2020, instituted for the offences under Sections 302, 120B and 34 of the Indian Penal Code.

The wife of the deceased has lodged the F.I.R., alleging that her husband had been murdered in the temple where he used to work. A suspicion has been raised that the petitioner and his family members might have killed the deceased because of a dispute between

Patna High Court CR. MISC. No.38045 of 2020(3) dt.27-05-2021 2/3 the cousin of the informant and the sister of the petitioner.

It has been submitted on behalf of the petitioner that the sister of the petitioner and the cousin of the informant had married each other out of love affairs between them. Thereafter, they fell apart and had been fighting amongst themselves. Precisely for this reason, it has been suspected, that the petitioner may have had his hand in killing the deceased.

The learned counsel for the petitioner has submitted that it is a very far-fetched and unacceptable analogy of the informant in expressing suspicion over the petitioner and his family members.

Assuming but not admitting the fact that the cousin of the informant was not happy with his wife, who is the sister of the petitioner, that itself would not be a strong motive or reason enough for killing the deceased. There is no other material in the entire investigation papers to bring home the charge of murder against the

Patna High Court CR. MISC. No.38045 of 2020(3) dt.27-05-2021 3/3 petitioner.

Taking into account the afore-stated submissions, this Court vide order dated 15.04.2021 had called for the case-diary and had also granted provisional bail to the petitioner.

Considering the entirety of the prosecution case, this Court feels inclined to confirm the provisional bail granted to the petitioner.

The provisional bail of the petitioner is, hereby, confirmed. The petitioner shall remain on the same bailbonds. The application stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U