Patna High CourtCR. MISC./58486/2017bail granted

Shiv Kumar v. The State Of Bihar

2018-01-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58486 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Shiv Kumar S/o Ramchandra Prasad, R/o Village- Sabani, P.S.- Bakhtiyarpur, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar No.1, Adv. For O.P. No. : Mr. Shambhu Narayan Singh, Adv. Mr. Kundan Rathore, Adv.

For the Opposite Party/s : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Bakhtiyarpur P.S. Case No. 86 of 0217, a case under Sections 364, 302/34 of the Indian Penal Code.

Since the deceased had love affair with one Khushbu Kumari, the family members and relations of Khushbu Kumari including the petitioner planned to commit his murder and accordingly, abducted and committed his murder. There is no eye witness of the occurrence. Co-accused Ramchandra Prasad, having similar allegation, has already been allowed bail by a co-ordiante Bench of this Court in Criminal Miscellaneous No. 31701 of 2017,

Patna High Court Cr.Misc. No.58486 of 2017 (3) dt.09-01-2018 2/2 vide Annexure-2.

Learned counsel for the informant opposes the prayer for bail however, could not distinguish the case of the petitioner to that of co-accused Ramchandra Prasad and Chanchala Devi, who have already been allowed bail, as discussed above. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bakhtiyarpur Police Station Case No. 86 of 2017 with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) sushma/- U T