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Patna High CourtCR. MISC./54918/2022bail granted

Ajit Kumar v. The State Of Bihar

2023-02-16Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54918 of 2022 Arising Out of PS. Case No.-163 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== AJIT KUMAR SON OF VIDYA PATEL @ VIDHA RAUT R/O VILLAGEBHAKRI, P.S.- ADAPUR, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-02-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Chhauradano P.S. Case No.163 of 2022 registered for the offences punishable under Sections 302, 201, 120B read with 34 of the Indian Penal Code.

As per the prosecution, the informant alleged that the deceased namely Rakhi Sardar was strangulated to death by her husband and with the help of this petitioner and other co-

Patna High Court CR. MISC. No.54918 of 2022(3) dt.16-02-2023 2/3 accused persons disposed of the corpse.

The main submissions advanced by the learned counsel Mr. Abhishek Kumar for the petitioner are that as per the allegation made in the FIR, the petitioner only helped the main co-accused person in disposing of the dead body of the deceased and two similarly situated co-accused persons Gaurav Kumar @ Gaurav Kumar Jaiswal and Dhiraj Kumar @ Sujit Kumar who were also alleged to have helped the main accused persons in disposing of the dead body of the deceased, have been granted anticipatory bail by this Court vide order passed in Cr. Misc. No.57971 of 2022 and the petitioner has been languishing in jail since 30.05.2022 having fair and clean antecedent.

Learned APP Mr. Jai Narain Thakur appearing for the State has opposed the bail prayer.

In view of the facts stated above and also considering the petitioner's custody period and his role and the nature of allegation mentioned in the FIR, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in

Patna High Court CR. MISC. No.54918 of 2022(3) dt.16-02-2023 3/3 connection with Chhauradano P.S. Case No.163 of 2022. (Shailendra Singh, J) sangam/- U