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Patna High CourtCR. MISC./1590/2023allowed

Suman Kumar @ Suman Kumar Mandal v. The State Of Bihar

2023-09-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1590 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== SUMAN KUMAR @ SUMAN KUMAR MANDAL Son of Mahesh Mandal R/v- Nayanagar Rani Diyara, P.S.- Budhchak, District- Bhagalpur, At present Navjivan Health Care Hospital, Tamatm Padaw, P.S.- Phulwarisharif, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shovendra Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 498(A) and 304(B) of the Indian Penal.

3. The allegation against the petitioner is of killing the sister of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the deceased. There is no any prior complaint regarding assaulting, harassment, dowry demand and torturing to the deceased against the petitioner. On the basis of suspicion

Patna High Court CR. MISC. No.1590 of 2023(6) dt.11-09-2023 2/2 and being the petitioner being the husband of the deceased implicated in the present case. From the perusal of the FSL report of the deceased, it appears that no poison and other alkaloids material could be detected. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 10.05.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 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 Court below in connection with Phulwarisharif P.S. Case No. 478 of 2022.

(Sunil Kumar Panwar, J) arish/- U