Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75290 of 2022 Arising Out of PS. Case No.-454 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== PINTU KUMAR Son of Surendra Prasad R/o Village - Khabra, P.S.- Tankuppa, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 354B, 302, 306, 201 and 34 of the Indian Penal Code.

As per prosecution case, while the informant ASI Rama Shankar Dubey patrolling, he heard an alarm being raised by a woman that a thief has entered her house. Whereupon the police found a boy and girl in one of the room of the woman's house. The apprehended boy stated that he has a love affair with the said woman's daughter namely, Chulbul Kumari. It is further alleged that Sunita Devi, from whose house petitioner was apprehended, has killed her daughter Chulbul Kumari with the

Patna High Court CR. MISC. No.75290 of 2022(3) dt.17-04-2023 2/3 help of co-villagers and is burning the dead body outside the village at Chirari Ghat.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has love affair with the deceased and hence on her call, he came to meet her but he mother of the petitioner falsely raised voice of chorchor and got arrested him. It is apparent from the FIR that there is no specific allegation levelled against the petitioner to show that he was involved in the said occurrence. He submitted that the mother of the deceased committed murder of her daughter with the help of other co-accused. He submitted that the petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 18.07.2022.

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

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

Patna High Court CR. MISC. No.75290 of 2022(3) dt.17-04-2023 3/3 of the like amount each to the satisfaction of the learned A.C.J.M.-Xth, Gaya in connection with Fatehpur P.S. Case No. 454 of 2022.

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