Rama Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57170 of 2021 Arising Out of PS. Case No.-291 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== RAMA KHARWAR S/o Late Chna Mahto Resident of Village - Barahan Gopal, P.S. - Siwan Muffasil, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-04-2022 At the outset referring to the order contained in Annexure2 to the petition it is submitted that a typographical error has been committed in paragraph no. 2 of the petition. Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.

As per the prosecution case, Kundan Kharwar who happens to be the son of the petitioner had taken the daughter of the informant for the purpose of marriage. It is further stated that about 10 days back he had left the informant's daughter at the informant's place. The son of the informant came and informed him that Kundan Kharwar and Sushil Kharwar had taken the informant's daughter with them. Subsequently the dead body of the informant's daughter was found. The informant states that he suspects the hands of the six named accused persons including the petitioner herein in the murder

Patna High Court CR. MISC. No.57170 of 2021(2) dt.06-04-2022 2/2 of his daughter.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only for the reason that he happens to be the father of Kundan Kharwar. Only an unsubstantiated suspicion has been raised against the petitioner. Even as per the allegations in the FIR it was Kundar Kharwar and Sushil Kharwar who called and took away the daughter of the informant. The petitioner is in custody since 25.5.2020 and has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the contents of the order of the learned trial court together with the petitioner having remained in custody for 1 year 10 months, the petitioner is directed to be enlarged on bail in connection with Siwan Muffasil P.S. Case no. 291 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan.

(Partha Sarthy, J) Spd/- U T