Sugandh Kumar @ Sugandh Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53272 of 2022 Arising Out of PS. Case No.-480 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Sugandh Kumar @ Sugandh Kumar Ram Son Of Madan Ram R/O VillageGudara, Ward No. 03, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 376 of the Indian Penal Code and Section 4/6 of the POCSO Act.

It is alleged by the informant that this petitioner had committed murder of her minor daughter after committing wrong with her.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the

Patna High Court CR. MISC. No.53272 of 2022(3) dt.07-04-2023 2/3 informant are agnates and in the background of some long standing dispute, the present accusation has been levelled against the petitioner. There is no eye witness to the occurrence and only on the basis of statement of one Rubi Kumari that she had seen the deceased with the petitioner, the petitioner has been implicated in this case. During investigation, no consistent material has come against the petitioner. The postmortem report though show the cause of death as asphyxia due to strangulation but no sign of rape was found in the postmortem report. The petitioner has surrendered before the Court below on 10.08.2022 and since then he is in custody. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge,

Patna High Court CR. MISC. No.53272 of 2022(3) dt.07-04-2023 3/3 POCSO-cum-A.D.J.-VI, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 480 of 2021. (Sunil Kumar Panwar, J) Shageer/- U T