Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6637 of 2024 Arising Out of PS. Case No.-133 Year-2023 Thana- GARKHA District- Saran ====================================================== Sonu Kumar son of Manoj Kumar Ray Village- Aloni, P.S.- Garkha, Dist.- Saran, Bihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Anand, Advocate.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Garkha P.S. Case No.133 of 2023 instituted under Section 302 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant had not returned to house after she went outside to get water and her daughter's dead body was recovered on the next day morning around 50 meter away from her house. The informant named eight persons as accused on the basis of suspicion. During investigation, the name of the petitioner transpired in this case with allegation that he has assisted the informant in doing the honour killing.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.6637 of 2024(4) dt.17-05-2024 2/3 petitioner is innocent and has been falsely implicated in this case due to village politics. He further submits that except the confessional statement of co-accused Manoj Ray alleging that he is also one of the conspirator for murdering the victim, there is no material against the petitioner. Learned counsel submits that there was no recovery on the basis of the confessional statement of co-accused Manoj Ray, only being the son of coaccused Manoj Ray, the name of petitioner has been implicated in this case and petitioner has no concern with the affairs of the informant or her daughter. He further submits that co-accused Manoj Ray has been granted regular by this Court vide order dated 08.02.2024 passed in Cr. Misc. No.82361 of 2023. He also submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the

Patna High Court CR. MISC. No.6637 of 2024(4) dt.17-05-2024 3/3 learned Additional Chief Judicial Magistrate-IV, Saran at Chapra in connection with Garkha P.S. Case No.133 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T