Kishore Prasad @ Kishori Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60982 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- DARPA District- East Champaran ====================================================== Kishore Prasad @ Kishori Prasad Son Of Chandu Mahto Resident Of Village Bakhtaura, P.S.- Darpa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Darpa P.S. Case No. 53 of 2023 instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code. Allegation against unknown persons is that they committed murder of the informant's daughter. It is further alleged that there was love affairs between the petitioner's younger daughter and one Saurabh Kumar Gupta. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. It is further submitted that during the course of investigation, only on the basis of suspicion, informant who is petitioner of this case has been made accused. A statement has been made in

Patna High Court CR. MISC. No.60982 of 2023(3) dt.11-12-2023 2/3 para-3 of this petition that the petitioner has got no criminal antecedent. There is no eye witness of the alleged occurrence. Moreover, he is languishing in judicial custody since 04.06.2023.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that during the course of investigation, the name of the petitioner has come who is informant of this case. It is further submitted that during investigation, in para-52 of the case diary, confessional statement of the petitioner was recorded in which he has confessed that he has committed murder of his younger daughter by pressing her neck and pierced scissor in her abdomen. On the basis of his confession, the alleged scissor which was used in the offence, has been recovered from his house and this fact has come in para-53 of the case diary. Postmortem report also shows that the cause of death of the deceased is due to stab injury.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Petitioner will be at liberty to renew his prayer of bail

Patna High Court CR. MISC. No.60982 of 2023(3) dt.11-12-2023 3/3 application after framing of charge.

(Sunil Kumar Panwar, J) Shubham/- U T