Nikhil Kumar Singh @ Bhulan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77739 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- PHENHARA District- East Champaran ====================================================== Nikhil Kumar Singh @ Bhulan Son Of Vinay Singh @ Bachcha Singh R/O Vill - Khan Pipra, P.S. - Pipra, Distt. - East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 376, 302/34 of the Indian Penal Code.

Prosecution case in nutshell is that informant's daughter (victim) used to work in Maa Janki Sonamati Seva Sansthan Hospital which were administered by coaccused Dr. Jai Prakash Das and co-accused Dr. Mantosh Kumar. Other F.I.R. named persons were employee in the said hospital. It is alleged that victim

Patna High Court CR. MISC. No.77739 of 2023(3) dt.29-02-2024 2/3 disclosed that accused persons used to commit wrong with her and after that she stopped going there. It is further alleged that on 08.08.2023, co-accused Dr. Jai Prakash Das called the deceased for payment of her balance amount after which she did not return. The informant received information that accused persons have ravished and murdered her daughter. Allegation against the petitioner is that he was involved in the conspiracy to dispose the dead body of the deceased. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor there is any eye witness of the alleged offence. The name of petitioner sprang up during investigation of the case. There is no specific overt act of allegation of ravishing or committing murder of the victim by the petitioner, in the F.I.R. Moreover, the petitioner is languishing in judicial custody since 16.08.2023. A statement has been made in para 3 of

Patna High Court CR. MISC. No.77739 of 2023(3) dt.29-02-2024 3/3 the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Fenhara P.S. Case No. 121 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari.

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