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Patna High CourtCR. MISC./53317/2023bail rejected

Karan Kumar v. The State Of Bihar

2023-12-20Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53317 of 2023 Arising Out of PS. Case No.-127 Year-2022 Thana- NIRMALI District- Supaul ====================================================== 1.

KARAN KUMAR Son of Vinod Kumar Yadav Resident of VillageSananpatti, P.S.-Narhiya O.P., District-Madhubani 2.

KHUSHVENDRA KUMAR Son of Vinod Kumar Yadav Resident of Village-Sananpatti, P.S.-Narhiya O.P., District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Narain Yadav For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2023

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Nirmali P.S. Case No. 127 / 2022 dated 20.06.2022 registered under Sections 302 / 201 of the I.P.C.

3. As per the F.I.R. dead body of a person was found on 19.06.2022 at about 8:00 P.M. by the Chaukidar lying near Tilyuga river under Nirmali Police Station. During the course of enquiry it has come to light that the deceased was working as a dancer in an orchestra run by the petitioners' father. It has also come to light that there was some money dispute between the petitioners' father and the deceased.

Patna High Court CR. MISC. No.53317 of 2023(3) dt.20-12-2023 2/3

4. Learned counsel for the petitioners submits that petitioners have been made accused on the basis of suspicion and orchestra was being run by the father of the petitioners. The petitioners are having no concern with the orchestra run by their father. He further submits that no injury has come in the post mortem examination report.

5. On the other hand, learned counsel for the State submits that during course of investigation material has come to show that petitioners were also running the orchestra along with their father. The CDR report suggests that there was continuous contact between the petitioners and the deceased and in the month of May, 2022 - June, 2022 altogether 43 calls had taken place between the deceased and the petitioners. There is strong suspicion against the petitioners and the offence alleged is a serious offence.

6. Regard being had to the submissions made by the parties, taking into consideration the seriousness of the offence, severity of the punishment and further that during the course of investigation certain material has been collected including CDR, connecting the petitioners with the deceased and the Police may interrogate the petitioners in order to ascertain the correct facts regarding murder, as such, I am not inclined to grant

Patna High Court CR. MISC. No.53317 of 2023(3) dt.20-12-2023 3/3 anticipatory bail to the petitioners.

7. The prayer for anticipatory bail is rejected. (Anil Kumar Sinha, J) praful/- U T