Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45359 of 2022 Arising Out of PS. Case No.-236 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== VIKASH KUMAR Son of Sri Balistar Chauhan Resident of village - Balua Tola, Bakhari, Police Station- Kuchaikot, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunit Kumar Srivastava For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

As per allegation in the FIR, five accused persons entered into the house of the informant and started to search Vikki @ Vivek Kumar and when they did not find him all of them caught his daughter-in-law. It is further alleged that with a view to kill her they pressed her neck as a result of which she died on spot. When informant and his family members came there to save her, they were also beaten up by them. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.45359 of 2022(3) dt.11-01-2023 2/2 case. In fact, there was a case against the informant and his son bearing Kuchaikot P.S. Case No. 432 of 2020 for the allegation of kidnapping the daughter of named accused Banaras Yadav. And Banaras Yadav and others are searching the petitioner for taking revenge and on 3.6.2021, they entered into his house and when they did not find him they killed his wife by pressing her neck. Petitioner is not named in the FIR. No inconsistent material has come during investigation against him. Petitioner is in custody since 14.05.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged 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 ACJM 1st Gopalganj in connection with Kochaikot P.S. Case No. 236 of 2021.

(Sunil Kumar Panwar, J) sushma/- U