Ganesh Kumar @ Pochu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 44011 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- MOKAMAH District- Patna ====================================================== GANESH KUMAR @ POCHU SON OF ARJUN SINGH RESIDENT OF VILLAGE- BARAHPUR, PS- MOKAMA, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Bharat Bhushan App156 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

3. As per prosecution case, the informant's daughter was married 10 years before with Dharmendra Bind and she gave birth two sons and one daughter for their wedlock. Subsequently, informant's daughter remarried with the petitioner about four months before and started to live with this petitioner. It is further alleged that the accused persons including petitioner

Patna High Court CR. MISC. No. 44011 of 2023(3) dt.24-08-2023 2/3 killed the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. On the basis of suspicion, petitioner has implicated in the present case. Petitioner is working at Hyderabad and he was not even present at his village on the date of alleged occurrence. Petitioner was never married with the deceased, Lalita Devi and the averment that she left her husband and children is also false, if the petitioner was in love with the deceased, there was no reason to kill her. He submitted that the family members of the husband was in wrong impression that the deceased has fallen in love with the petitioner and that is why, she was brutally attacked. There is no consistent evidence and no eye-witness of the alleged occurrence. He is languishing in judicial custody since 06.01.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner are directed to be enlarged

Patna High Court CR. MISC. No. 44011 of 2023(3) dt.24-08-2023 3/3 on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Mokama P.S. Case No. 285 of 2022.

(Sunil Kumar Panwar, J) arish/- U T