Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64039 of 2018 Arising Out of PS. Case No.-575 Year-2017 Thana- PHULWARISHARIF District- Patna ====================================================== Kundan Kumar, Son of Rupnarayan Paswan @ Tufani Paswan, Resident of Village- Pasahi, P.S.- Janipur District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Chandra For the Opposite Party/s :

Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Petitioner is permitted to correct the custody period in paragraph No. 11 of petition in course of the day. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Phulwarisharif P.S. Case No. 575 of 2017 registered for the offence punishable under Sections 302, 304(B), 201/34 of the Indian Penal Code.

Allegation against petitioner is of killing the daughter of informant.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner is brother in law (Dewar) of the deceased and from perusal of the FIR, it is apparent that

Patna High Court Cr.Misc. No.64039 of 2018(2) dt.05-11-2018 2/2 there is no specific allegation of killing against the petitioner. Father in-law of the deceased, namely, Rupnarayan Paswan & Tufani Paswan has been granted bail by this Hon'ble Court as contained in Annexure-2. Petitioner has no criminal antecedent and he is in custody since 11.09.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-cum-Sub-Judge XVth, Patna, in connection with Phulwarisharif P.S. Case No. 575 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T