Anuj Kumar @ Chandan Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61478 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- GOH District- Aurangabad ====================================================== Anuj Kumar @ Chandan Kumar @ Chhotu Kumar Son Of Vijay Yadav Resident Of Village- Sarsaul, P.S.- Goh, District- Aurangabad (Bihar) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Goh P. S. Case No.100 of 2021, instituted for the offences under Sections 302, 34, 120(B) of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 07.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the informant alleges that on 23.05.2021 at about 9.00 P.M., the deceased left the house after receiving a call and did not return. Next day, his body was recovered. The informant further alleges that her husband having an affair with Shimpi Kumari,

Patna High Court CR. MISC. No.61478 of 2021(2) dt.22-03-2022 2/3 the sister of the petitioner. Thus,k suspects that accused persons including the petitioner killed her husband.

The learned counsel for the petitioner submits that the entire allegation is based on suspicion and the informant is not an eye witness to the occurrence. It is further submitted that during the course of investigation, Shimpi Kumari confessed her love affair with the deceased also that she was provided with a SIM by the deceased which was in the name of the mother of the deceased and they used to talk and on the date of occurrence, the deceased had talked with four times with Shimpi Kumari. Learned counsel further submits that the father of this petitioner was arrested, who made to confess his participation in the crime and based on his confessional statement, the name of the petitioner also transpired.

The learned counsel for the petitioner submits that Vijay Yadav has been granted bail by order dated 07.02.2022 in Cr. Misc. No.51363 of 2021 and Simpy Kumari @ Shimpi Kumari has been granted bail by order dated 14.12.2021 in Cr. Misc. No.44246 of 2021. The learned thus submits that the entire allegation hinges around suspicion that on account of love affair of the deceased with Shimpi Kumari, her family members might have killed.

Patna High Court CR. MISC. No.61478 of 2021(2) dt.22-03-2022 3/3 Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and co-accused have been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad in connection with Goh P. S. Case No.100 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T