Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48394 of 2022 Arising Out of PS. Case No.-623 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== RANJEET KUMAR Son of Raj Kumar Ram R/V- Sorampur, P.S- Janipur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhijeet Gautam For the Opposite Party/s :
Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, in brief, is that the informant who is a Medical Practitioner at Gajipur, U.P. and his wife namely, Rimjhim Kumari used to reside at Patna for the purposes of education of her children as also she used to run a beauty Parlour. It is also stated that on the alleged date of occurrence, she left her Parlour for returning back to her home but she did not reach, whereupon, the informant has asked his acquaintances at Patna to make a search for her but he did not
Patna High Court CR. MISC. No.48394 of 2022(5) dt.16-03-2023 2/3 succeed, hence, the present case was lodged. Thereafter, a news regarding recovery of an unidentified dead body was flashed in the local news and it transpired that a dead body has been kept at the police station for identification, where-after the relatives of the informant had gone to the Police station and identified the dead body to be the wife of the informant. It is also alleged that when the deceased was at her beauty parlour on 23.11.2021, a person had called her on mobile and had asked her to come a certain place and when she had gone there, she was killed by unknown miscreants.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. There is no eye-witness of the alleged occurrence. The name of the petitioner has transpired in the case on the basis of confessional statement of co-accused persons as well as the petitioner before the police which is inadmissible in the eye of law. No any consistent material has come against the petitioner to show his complicity in the alleged offence. Moreover, similarly situated co-accused namely, Pawan Kumar has already been granted Bail by a co-ordinate Bench of this Court vide order dated 25.1.2023
Patna High Court CR. MISC. No.48394 of 2022(5) dt.16-03-2023 3/3 passed in Cr. Misc. No. 42791 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 17.1.2022.
Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.
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 released on bail in connection with Naubatpur P.S. Case No. 623 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeVII, Danapur. (Sunil Kumar Panwar, J) Amandeep/- U T