Shankar Kumar @ Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66334 of 2022 Arising Out of PS. Case No.-775 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== SHANKAR KUMAR @ SHANKAR S/O KEDAR PRASAD Resident of village- Anandbag, Karpi, P.S.- Karpi, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, the informant's daughter namely, Ritu Kumari was working in the hospital. She was missing and subsequently her dead body was found and allegation against the petitioner and another is of killing the daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this. He has committed no offence. It is a case of last seen. He submitted that in course of investigation, it revealed that mobile no. 7979990381 is owned and possessed by Md. Illiyas but the

Patna High Court CR. MISC. No.66334 of 2022(5) dt.27-04-2023 2/2 Investigating Officer of the case neither took statement of said Md. Illiyas nor has obtained C.D.R. of the mobile of Gita Devi and Md. Illiyas in support of telephonic message alleged to had been sent by Md. Illiyas. There is no consistent evidence and no eye-witness of the alleged occurrence to show that petitioner has involved in the said crime. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 28.06.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is 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 A.C.J.M.-1st (West), Muzaffarpur in connection with Kudhni P.S. Case No. 775 of 2021.

(Sunil Kumar Panwar, J) arish/- U T