Vishnu Shankar Jha @ Vishnu Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77631 of 2023 Arising Out of PS. Case No.-311 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== VISHNU SHANKAR JHA @ VISHNU KUMAR JHA Son of Late Dinesh Shankar Jha @ Dinesh Chandra Jha R/o Vill. - Meghaul, P.S.- Khodawandpur, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code charge sheet has been submitted under Section 306, 34 of the I.P.C..

3. As per FIR, the informant alleged that the petitioner in connivance with others committed murder of her sister due to family dispute and they also tried to cremate her dead body with intention to hide the evidence.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.77631 of 2023(3) dt.27-02-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is husband of the deceased and due to family dispute he has falsely been implicated in this present case. The informant is not an eye witness of the alleged occurrence and there is no prior compliant of torture and harassment levelled against the petitioner. During investigation, no consistent evidence has been collected against the petitioner. As per Annexure-2 and Para-30 of the Case Diary, from which it appears that the deceased died due to asphyxia as a result of hanging. It is further submitted that the petitioner has got no criminal antecedent and he surrendered before the learned Court below on 12.03.2023 and since then he is languishing in judicial custody.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khodawandpur P.S. Case No. 311 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.77631 of 2023(3) dt.27-02-2024 3/3 with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate Manjhaul, Begusarai.

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