Kunal Singh Sonu @ Kunal Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5147 of 2017 Arising Out of PS.Case No. -378 Year- 2016 Thana -SAHARSA District- SAHARSA ======================================================
1. Kunal Singh Sonu @ Kunal Singh,
2. Monu Kapoor @ Monu Kumar, Both son of Mohan Das, resident of Village- Babujee Das Tola, Ward No.17, P.S.- Town (Sadar Saharsa), District- Saharsa.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-03-2017 At the outset, learned counsel for the petitioners submits that he does not want to press the application in respect of petitioner No.1 Kunal Singh Sonu @ Kunal Singh. Accordingly, the application is dismissed as not pressed in respect of petitioner No.1 Kunal Singh Sonu @ Kunal Singh.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner No.2 apprehends his arrest in connection with Saharsa Sadar P.S. Case no. 378 of 2016, registered under Sections 341, 323 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that informant Lalo Devi had gone to the Myka of her daughter-in-law to attend last rituals of father of her
Patna High Court Cr.Misc. No.5147 of 2017 (2) dt.20-03-2017 2/2 daughter-in-law. At that time, Kunal Singh @ Sonu and petitioner No.2 Monu Kapoor started demanding dowry to the father-in-law of Kunal Singh @ Sonu and started to abuse. At that time Kunal Singh @ Sonu fired at Nawas Das, father-in-law, but the same hit at the stomach of the informant.
Learned counsel for the petitioner submits that petitioner being the brother of Kunal Singh has falsely been implicated in this case without any overt act. Further submission is that it would appear from the F.I.R. itself that allegation of firing is against Kunal Singh @ Sonu (Petitioner No.1) and not against the petitioner No. 2 Monu Kapoor @ Monu Kumar.
Having regard to the facts and circumstances of the case, let the above named petitioner, namely, Monu Kapoor @ Monu Kumar be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No.378 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U