Pravin Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.55377 of 2016 (3) dt.01-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55377 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -GWALPARA District- MADHEPURA ====================================================== Pravin Kumar s/o Maheshwari Yadav @ Maheshwari Pd. Yadav R/o vill.- Gwalpara, p.s.- Gwalpara, Distt,- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Adv. For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2017 Heard both sides.

The petitioner seeks bail in Gwalpara P.S. Case No. 32/2016, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

The informant alleged that her son had gone to Gwalpara market on 15.05.2016, but he did not return. On 17.05.2016 some persons informed that the dead-body of her son was lying by the side of N.H. 106. The informant alleged that Pravin Kumar has got land dispute with the informant and her family members and he had threatened the son of the informant to kill. Learned counsel for the petitioner submits that there is no eye-witness of the occurrence. Learned Sessions Judge, Madhepura has referred different paragraphs in his order, but from

Patna High Court Cr.Misc. No.55377 of 2016 (3) dt.01-03-2017 perusal of the aforesaid paragraphs from the case diary, it would appear that all are the family members of the informant and they only suspected that the petitioner must have killed the deceased on account of land dispute. Save and except suspicion there is no material to show the involvement of the petitioner in the killing of son of the informant.

Learned A.P.P. did not dispute the facts and submitted that on account of land dispute the witnesses raised suspicion against the petitioner.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Udakishunganj (Madhepura) in connection with Gwalpara P.S. Case No. 32/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T