Vimalendra Vibhakar @ Kittu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51971 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== VIMALENDRA VIBHAKAR @ KITTU JHA SON OF PRITHAVIRAJ JHA RESIDENT OF VILLAGE - DHANKAUL, P.S. - PIPRAHI, DISTRICT - SHEOHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Kumar Pathak, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP For the Informant :

Mr.Subhash Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 302/34 of the IPC. 3.

As per the prosecution case, it is alleged that the F.I.R. named accused persons including the petitioner are involved in the murder of the daughter of the informant on account of not giving birth to a male child.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. Petitioner is the cousin father-in-law of the deceased, who is in

Patna High Court CR. MISC. No.51971 of 2023(2) dt.30-08-2023 2/2 separate mess and business since long back and has no concern with the affair of the family of the deceased. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no eye-witness to the alleged occurrence and only on the basis of suspicion, petitioner has been made accused in this case. Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Piprahi P.S. Case No.59/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T