Dilbar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47826 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== 1.
Dilbar Kumar Son of Hiraman Paswan Resident of Village - Khiradih, P.S.- Parbatta, District - Khagaria.
2.
Sunita Devi Wife of Hiraman Paswan Resident of Village - Khiradih, P.S.- Parbatta, District - Khagaria.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Gaurav Kumar, Advocate For the Opposite Party/s :
Mr.Raj Kishor Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2025 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.
3. As per the prosecution case, on 2.3.2024 at about 2 am all the FIR named accused persons including these petitioners abducted sister of the informant for marrying her. Thereafter, in the morning of 23.3.2024 accused persons killed her and concealed the dead body.
4. It is submitted on behalf of the petitioners that petitioners are brother and mother of co-accused Principal Kumar with whom informant's sister (deceased) was in love and both of them had voluntarily eloped and solemnized marriage without informing their parents. One day, informant's sister became seriously ill and was admitted in the J.L.N. Medical College and Hospital, Bhagalpur where she died during treatment. Photo stat copy of discharge summary death certificate and other medical documents are contained in
Patna High Court CR. MISC. No.47826 of 2024(5) dt.17-03-2025 2/2 annexure P/2. Petitioners have falsely been implicated in the case because they are family members of said co-accused Principal Kumar who is already in custody. No overt act has been alleged against these petitioners. Petitioners claim clean antecedent.
5. Learned counsel for the State opposes the prayer for bail.
6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Khagaria in Parbatta Police Station Case No. 112 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T