Triloki Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1388 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- DEO District- Aurangabad ====================================================== TRILOKI BHUIYAN Son of Late Sapat Bhuiyan @ Late Sapan Bhuiyan R/vBanda, P.S.- Deo, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Mukul Kumari, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-04-2023
1. Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
2. Heard learned counsel for the petitioner and the learned APP for the State.
3. Petitioner seeks regular bail in connection with Deo P.S. Case No.86 of 2022 dated 12.04.2022 registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.
4. The main submissions advanced by the learned counsel for the petitioner are that in the FIR six persons including the petitioner have been named but against the petitioner there is no any specific allegation and he has been
Patna High Court CR. MISC. No.1388 of 2023(2) dt.20-04-2023 2/3 dragged in this case mainly on account of being brother of the main accused Raj Kali Devi, who is second wife of the deceased and the informant is first wife of the deceased and she is not an eye witness of the alleged occurrence. Further submissions are that the petitioner has been made accused merely on the basis of suspicion and he has fair and clean antecedent and has been languishing in jail since 25.09.2022 and in the postmortem report no definite opinion was given regarding the cause of death of the victim and against the petitioner the investigation has been completed and after petitioner's arrest any incriminating material was not recovered from his possession.
5. Learned APP appearing for the State has opposed the bail prayer.
6. Considering the above submissions and mainly the facts that in the FIR there is no any specific allegation against the petitioner and he is stated to be the brother of the second wife of the deceased and the investigation has been completed against the petitioner and the informant merely raised suspicion against the petitioner and others in the FIR regarding the commission of the alleged murder of her husband, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on
Patna High Court CR. MISC. No.1388 of 2023(2) dt.20-04-2023 3/3 furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Deo P.S. Case No.86 of 2022 .
(Shailendra Singh, J) sangam/- U T