Munchun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6936 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- HULASGANJ District- Jehanabad ====================================================== MUNCHUN KUMAR Son of Janki Prasad Resident of Village - Dayalpur, P.S.- Nalanda, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 16-04-2021 The defect (s) as pointed out by the Office be removed by the learned counsel for the petitioner within two months after High Court resumes its normal functioning. Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.

Informant has alleged that on 17.06.2020 at about 01:00 p.m. his deceased daughter was missing from his house and during her search on 18.06.2020, he came to know that near his house in a pond, the dead body of his daughter was lying. Informant has suspected that unknown persons have

Patna High Court CR. MISC. No.6936 of 2021(2) dt.16-04-2021 2/3 killed his daughter.

Petitioner is not named in the FIR. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has been submitted that name of the petitioner has surfaced in this case on the confessional statement made by the co-accused Ram Pratap Singh and except said confessional statement, there is no any other incriminating material against the petitioner. There is no eye witness of the occurrence. Petitioner has no criminal antecedent and he is in custody since 22.06.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Hulasganj P.S. Case No. 78 of 2020 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond

Patna High Court CR. MISC. No.6936 of 2021(2) dt.16-04-2021 3/3 shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T