Baudhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62468 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- MOKAMAH District- Patna ====================================================== BAUDHU KUMAR S/O ARJUN SINGH VILLAGE- BARAHPUR, PSMOKAMA, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

3. As per prosecution case, the informant's daughter was married 10 years before with Dharmendra Bind and she gave birth two sons and one daughter from their wedlock. Subsequently, informant's daughter remarried with the co-accused, namely, Ganesh Kumar @ Pochu about four months before and they started living happily. It is further alleged that the accused persons including petitioner killed the daughter of the informant.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.62468 of 2023(2) dt.05-10-2023 2/3 that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. The petitioner being younger brother of co-accused and merely on the basis of suspicion, he has falsely made accused in this present case. The petitioner has no concern mess and business with the deceased as well as her husband and was living separately from both of them. There is no specific allegation levelled against the petitioner and during investigation no consistent evidence has been collected against him. Similary situaged the main accused who is also husband of the deceased has already been granted bail by this Court vide order dated 24.08.2023 passed in Cr. Misc. No. 44011 of 2023. He is languishing in judicial custody since 04.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District-2 Sessions Judge

Patna High Court CR. MISC. No.62468 of 2023(2) dt.05-10-2023 3/3 Barh, Patna in connection with Mokama P.S. Case No. 285 of 2022.

(Sunil Kumar Panwar, J) manishkumar/- U