Amar Kumar Paswan @ Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72154 of 2021 Arising Out of PS. Case No.-63 Year-2021 Thana- KURSAKANTA District- Araria ====================================================== AMAR KUMAR PASWAN @ AMAR KUMAR S/O LATE KAILASH PASWAN, R/o village- Sundri, Ward No. 11, P.S.- Kursakant (Kuwari O.P.), Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kursakanta (Kuwari) P.S. Case No. 63 of 2021 lodged under Sections 302/34 of the Indian Penal Code.

As per the prosecution, the informant has alleged that the love marriage of his sister took place with the petitioner. It has been alleged that on the night of 22.03.2021 murder of his sister has been taken place. The allegation of strangulation of her neck is there. It has been stated that in bed room bottle of wine and other materials found. Further allegation was there that

Patna High Court CR. MISC. No.72154 of 2021(4) dt.17-10-2022 2/3 the petitioner has called on from his phone number to the father of the informant that your daughter is no more and on the next date, he again called that he is residing here, if you want to arrest, arrest him.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the antecedent of the petitioner is clean and he is in custody since 25.03.2021. He further submits that petitioner is innocent person used to work in Nepal and every day returned to India. He further submits that there is no intention of the petitioner to commit any crime. He further submits that petitioner has apprehension that it is a case of honour killing and taking benefit of his gentleness, his name has been put in the present case at the instance of his in-laws.

Learned counsel for the State opposes the prayer for bail and submits that report has been called for in this case. It has been intimated that there are in total 8 charge sheet witnesses, examination of 4 charge sheet witnesses has already been completed and 2 months' time were demanded to conclude the trial.

In the present facts and circumstances of the case, I am not inclined to grant bail to the petitioner but liberty is

Patna High Court CR. MISC. No.72154 of 2021(4) dt.17-10-2022 3/3 hereby granted to the petitioner that he may renew his prayer for bail after 4 months from today.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ravishankar/- U T