Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43111 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- KAJRA District- Lakhisarai ====================================================== NIRAJ KUMAR Son of Late Dilip Yadav Resident of Village - Bannu Bigicha, P.S.- Kiul, Distt - Lakhisarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Kajra P.S. Case No. 08 of 2019 registered for the offence punishable under section 302 of the Indian Penal Code. As per allegation in the FIR, the younger brother of the informant started on his motorcycle for his sasural. It is further alleged that in the morning hours of 22.02.2019 he called on his son's mobile phone and asked him to come to a particular place and on reaching the place as directed, the son discovered the dead body of his father.

It is submitted by learned counsel for the petitioner that petitioner happens to be the son of the deceased. The father of the petitioner had entered into the second marriage and in

Patna High Court CR. MISC. No.43111 of 2019(3) dt.27-09-2019 2/2 course of investigation, suspicion has been raised by petitioner's stepmother. There is no incriminating material against this petitioner to link him in any manner with death/murder of his father. It is further submitted that the petitioner is in custody since 19.03.2019 and has no criminal antecedent. The application for bail is opposed by learned APP for the State mainly relying on the statement of the petitioner's stepmother recorded in course of investigation. Having heard learned counsel for the parties and taking into consideration that at best this is a case of suspicion having been alleged against the petitioner who is in custody since 19.09.2019, this court is inclined to enlarge him 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 Judicial Magistrate, 1st Class, Lakhisarai in connection with Kajra P.S. Case No. 08 of 2019.