Ram Kalit Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1254 of 2023 Arising Out of PS. Case No.-254 Year-2021 Thana- WARISNAGAR District- Samastipur ====================================================== Ram Kalit Roy, Son of Jugat Rai, Resident of Village - Ramni Basantpur, P.S.- Warisnagar, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shweta Anand For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 363 and 364, 302, 201 and 34 of the Indian Penal Code. As per prosecution case, the informant's son went out from his home with Dilkhush Kumar and Lala Kumar but did not return. It is further alleged that informant has suspicion that her son was kidnapped and murdered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the ground that petitioner is gotiya of Sagun Rai and alleged occurrence has been taken place due to love affair between son (deceased)

Patna High Court CR. MISC. No.1254 of 2023(4) dt.17-05-2023 2/3 of the informant and Ranjan Kumari, daughter of Sagun Rai. There is inordinate delay of two days in lodging the F.I.R. The petitioner is not named in the F.I.R. There is no eye witness of the alleged occurrence and even the deceased was seen in the company of co-accused Dilkhush Kumar and Lalu Kumar. The name of the petitioner has been transpired on the basis of confessional statement of coaccused Dilkhush Kumar, which has no evidentiary value in the eye of law. During the course of investigation, no consistent material has found against the petitioner. Moreover, the petitioner has got no criminal antecedent. The petitioner is languishing in judicial custody since 25.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Warisnagar P.S. Case No. 254 of 2021 on furnishing bail

Patna High Court CR. MISC. No.1254 of 2023(4) dt.17-05-2023 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur.

(Sunil Kumar Panwar, J) nirajkrs/lata/- U T