Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72957 of 2024 Arising Out of PS. Case No.-513 Year-2023 Thana- BIHAR District- Nalanda ====================================================== Amit Kumar Son of Ajit Kumar R/O Vill.- Pesaur, P.S.- Rahui, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Adv For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Bihar P.S Case No. 513 of 2023 registered for the offences punishable under Sections 306 and 506 of the Indian Penal Code and Section 67 of the I.T. Act.

3. As per allegation in the FIR, the allegation against the petitioner is that he has instigated the informant's niece for committing suicide, as a result of which, the informant's niece committed suicide by hanging herself.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.72957 of 2024(2) dt.31-01-2025 2/3 petitioner has falsely been implicated in this case. He further submits that earlier bail application of the petitioner vide order dated 22.02.2024 passed in Cr. Misc. No. 74875 of 2023 was rejected by this Court with a direction to the Trial Court to conclude the trial of the petitioner preferably within a period of six months from the date of receipt of a copy of this order with the co-operation of the petitioner. It is also submitted that petitioner is in judicial custody since 07.06.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the impugned order dated 05.09.2024, total out of eight witnesses three witnesses have been examined by the prosecution in which two witnesses has turned hostile. No allegation levelled against the petitioner has been proved.

7. Considering as aspects of the case, progress of the Trial and submission made on behalf of the learned counsel for the petitioner,, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.72957 of 2024(2) dt.31-01-2025 3/3 the satisfaction of learned Court of Additional District and Sessions Judge-XI, Nalanda at Biharsharif in connection with Bihar P.S Case No. 513 of 2023.

(Ramesh Chand Malviya, J) Sunnykr/- U