Tuna Kumar @ Shankar Prasad @ Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58750 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -SAHAJITPUR District- SARAN ====================================================== Tuna Kumar @ Shankar Prasad @ Shankar Kumar S/o Sri Vijay Prasad, R/o Village- Mahrakh Takht, P.S.- Mashrakh, District- Saran at Chhapra, Bihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Yashraj Bardhan, Adv. For the Opposite Party/s : Mr. Mr. Manoj Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376,307,302 of the Indian Penal Code and Section 3/4 POSCO Act.

The petitioner is suspected to have committed murder of the daughter of the informant after commission of rape. Suspicion is on the ground that the petitioner was in talking term with the daughter of the informant.

Submission of the learned counsel for the petitioner is that there is no eye witness of the occurrence. The Doctor who performed the postmortem has not found any external injury on the person of the victim nor any injury was noticed on

Patna High Court Cr.Misc. No.58750 of 2017 (3) dt.10-01-2018 the private parts nor anyone claims to have seen the daughter of the informant alongwith the petitioner before her death. Considering the fact that only material against the petitioner is suspicion, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sahajitpur Police Station Case No.65 of 2016 corresponding to POSCO Case No.18 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T