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Patna High CourtCR. MISC./43782/2024bail granted

Pampam Kumar @ Dharmendra Kumar v. The State Of Bihar

2024-07-16Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43782 of 2024 Arising Out of PS. Case No.-612 Year-2023 Thana- MADHAURAH District- Saran ====================================================== PAMPAM KUMAR @ DHARMENDRA KUMAR SON OF RAMAYAN RAI VILLAGE - GAURA. PS -MARHOWRAH (GOURA OP ) ,DISTRICTSARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends his arrest in connection with Marhowrah (Goura O.P.) P.S. Case No.612 of 2023 registered for the offence under Sections 302, 201/34 of the Indian Penal Code.

3.

As per FIR, the allegation against the accused/petitioner to disappear the evidence of the murder of daughter of Deep Narayan Rai. It has further been alleged that the accused/petitioner help the accused persons in throwing the

Patna High Court CR. MISC. No.43782 of 2024(2) dt.16-07-2024 2/3 body of the deceased in well.

4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated with the present case, where, name of this petitioner surfaced in the present FIR on the basis of confessional statement of other co-accused person, namely, Santosh Kumar. It is submitted that it appears from perusal of FIR that Santosh Kumar, who is brother of the deceased, killed the deceased and thrown her body in a well.

5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner and as it appears from perusal of FIR that allegation against this petitioner is only to disappear the evidence of the occurrence and no allegation as regard to causing murder of the deceased has been levelled and no offence under Section 302 is attracted against this petitioner on the basis of material available on record, petitioner is a man of clean antecedent, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of

Patna High Court CR. MISC. No.43782 of 2024(2) dt.16-07-2024 3/3 Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrah (Goura O.P.) P.S. Case No.612 of 2023 subject to the condition laid down under Section 438(2) of Cr.P.C.

(Ramesh Chand Malviya, J) S.Katyayan/- U T