Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72764 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- PALANWA District- East Champaran ====================================================== NILESH KUMAR SON OF SANTU RAM R/O VILL.- BHALUAHIYA (BHALUHAHI JAGDHAR), P.S.- PALANWA, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 306 of the Indian Penal Code.

It is a case of abatement by the petitioner to commit suicide by hanging inside the locked room by the deceased. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. In fact, informant's daughter Unita Kumari eloped with the petitioner to perform marriage, in the meantime, the parents of victim pressurized their daughter to break the relationship with the petitioner and being aggrieved, the victim girl committed

Patna High Court CR. MISC. No.72764 of 2022(3) dt.18-04-2023 2/2 suicide in her parental house. No one has kidnapped the victim girl. There is no eye witness of the alleged occurrence. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 20.09.2022.

The application for bail is opposed by learned APP for the State and submitted that doctor has opined in medical report that cause of death due to asphyxia by hanging. 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 7th Additional Sessions Judge-cum-spl. Judge POCSO East Champaran at Motihari in connection with Palanwa P.S. Case No. 85 of 2022.

(Sunil Kumar Panwar, J) sushma/- U