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Patna High CourtCR. MISC./66621/2023allowed

Deepak Kumar v. The State Of Bihar

2024-04-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66621 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== DEEPAK KUMAR Son of Raghunath Prasad R/o Vill - Brahmpur, P.s. - Phulwarisharif, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Mritunjay, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 302/34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner are said to have committed murder of the informant's daughter.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. He has no role in the alleged

Patna High Court CR. MISC. No.66621 of 2023(4) dt.09-04-2024 2/2 occurrence. There is no eye witness in the present case. The name of the petitioner has been transpired in the present case merely on suspicion. It is further submitted that the viscera report as well as the postmortem report of the deceased does not support the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the viscera report as well as the postmortem report of the deceased does not support the prosecution case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Phulwarisharif P.S. Case No. 15 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T