Laddu Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59838 of 2022 Arising Out of PS. Case No.-162 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== LADDU KUNWAR Son of Late Srideo Kunwar @ Sridev Kumar R/VTatuwar, P.S- Maigachhi, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Informant :

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

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-02-2023 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 Manigachi P.S. Case No.162 of 2022 registered for the offences punishable under Sections 302, 328 and 34 of the Indian Penal Code.

As per the prosecution, the informant's sister was murdered by this petitioner (husband) and accused persons. The main submissions advanced by the learned

Patna High Court CR. MISC. No.59838 of 2022(3) dt.23-02-2023 2/3 counsel Mr. Nilendu Kumar Choudhary for the petitioner are that the victim who happens to be wife of this petitioner married with this petitioner in the year 2004 and there are two sons from their wedlock and in actual she consumed some poisonous seeds of particular flower and thereafter she died and in the inquest report any finding regarding any injury on the body of the deceased was not given and during investigation victim's both sons were examined and they stated to the investigating officer that their mother consumed poison and they did not support the allegations of the FIR.

Further submission is that the petitioner himself informed the entire family members of the deceased after his wife had consumed the poison which also shows the bonafide intention of the petitioner and when the informant got the knowledge of the incident, the victim was being treated at Paras Hospital and the petitioner was present at that time at the hospital which is clearly evident from the facts of the FIR itself and moreover after the marriage and before the commission of the alleged occurrence no complaint was filed either by victim herself or any of her parental relatives against the petitioner.

Patna High Court CR. MISC. No.59838 of 2022(3) dt.23-02-2023 3/3 01.08.2022.

Learned APP Mr. Anil Prasad Singh appearing for the State has opposed the bail prayer.

Learned counsel Mr. Shashi Ranjan Kumar appearing for the Informant submits that in the present matter a good relation has restored in between both the parties. In view of the facts, as stated above, 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 connection with Manigachi P.S. Case No.162 of 2022.

(Shailendra Singh, J) sangam/- U T