Santosh Nayak @ Santosh Kumar Nayak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80010 of 2023 Arising Out of PS. Case No.-122 Year-2013 Thana- MARAUNA District- Supaul ====================================================== Santosh Nayak @ Santosh Kumar Nayak Son Of Khakhan Nayak Resident Of Village - Belhi, P.S. - Supaul, District - Supaul ... ... Petitioner/s
Versus
The state of bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Goutam For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with S.T. No. 126 of 2023 arising out of Marauna P.S Case No. 122 of 2013 registered for the offences punishable under Sections 302, 120(B) and 34 of I.P.C
3. As per prosecution case, informant' sister has been killed by her father in law Khakhan Nayak in collusion with family members and neighbors.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that there is no specific allegation against the petitioner whereas specific allegation against the father
Patna High Court CR. MISC. No.80010 of 2023(3) dt.29-02-2024 2/2 of the petitioner (Khakhan Nayak). It is next submitted that petitioner has got no criminal antecedent as stated in para 3 of the petition. It is also submitted that petitioner is in judicial custody since 12.03.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge II, Supaul in connection with S.T. No. 126 of 2023 arising out of Marauna P.S Case No. 122 of 2013. (Ramesh Chand Malviya, J) Mayank/- U T