Amar Kumar Ray @ Amresh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57757 of 2021 Arising Out of PS. Case No.-131 Year-2019 Thana- BHEJA District- Madhubani ====================================================== AMAR KUMAR RAY @ AMRESH KUMAR RAY Son of Late Arun Ray Resident of Village- Karhara, P.S.- Bheja, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bheja P.S. Case No. 131 of 2019 instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the police after investigation submitted charge-sheet under Section 306 of the I.P.C. as pleaded in paragraph '13' of the bail application.

Learned counsel for the petitioner submits that the petitioner is in custody since 23.02.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that his daughter Guria Kumari @ Buchia

Patna High Court CR. MISC. No.57757 of 2021(2) dt.03-03-2022 2/3 Kumari was missing since 10.11.2019 and later on her dead body was found hanging from a tree near Rampura Bridge, Bhutahi Balan river. It is further alleged that since the accused petitioner was in constant touch with the deceased on mobile hence the informant suspects that the petitioner might have killed his daughter.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the entire allegation hinges around suspicion on the ground that the deceased and the petitioner used to talk with each other on mobile. Learned counsel further submits that police after investigation submitted charge-sheet under Section 306 of the I.P.C. which further goes to demonstrate that the deceased committed suicide.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 23.02.2021, is a person with clean antecedent, chargesheet has been submitted in the case, allegation is based on suspicion and that the charge-sheet has been submitted under Section 306 of the I.P.C. as such the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.57757 of 2021(2) dt.03-03-2022 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Jhanjharpur, District Madhubani in connection with Bheja P.S. Case No. 131 of 2019.

Learned counsel for the petitioner is permitted to rectify the prayer portion of the bail application as it has been inadvertently recorded as 'to the satisfaction of learned A.C.J.M., District Madhubani' when it should have been 'to the satisfaction of learned A.C.J.M., Jhanjharpur, District Madhubani'.

(Satyavrat Verma, J) Rishi/- U T