Sudama Kamkar @ Sudama Ram @ Sudama Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89957 of 2024 Arising Out of PS. Case No.-421 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== 1.
Sudama Kamkar @ Sudama Ram @ Sudama Prasad S/o- Buniyadi Kamkar Village- Garhatta Khurd PS-Brahampur, Dist- Buxar 2.
Kunti Devi W/o- Sudama Kamkar @ Sudama Ram Village- Garhatta Khurd PS-Brahampur, Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Alka Singh, Advocate For the Opposite Party/s :
Mr. Ajay Kumar-2, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-01-2025 Heard Learned Counsel for the petitioners and Learned A.P.P. for the State.
2. The petitioners seeks regular bail in connection with Brahampur P.S. Case No. 421 of 2023 lodged on 13.07.2023, for the offences punishable under Sections 302, 34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioners against whom there is allegation that they have killed the informant's daughter.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that criminal antecedent of the petitioners are clean and they are in custody since 23.09.2024. Counsel further submits that petitioners are father in law and mother in law of
Patna High Court CR. MISC. No.89957 of 2024(2) dt.28-01-2025 2/2 the deceased (informant's daughter) and are old aged persons. Counsel submits that charge-sheet has already been submitted in this case. Counsel also submits that one of the co-accused has already been granted bail by this Court vide order dated 19.03.2024 passed in Cr. Misc. No.83199 of 2023.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. Upon specific query of the Court from the Counsel for petitioners that whether charge has been framed in this case or not, Counsel submits that as per his knowledge, only chargesheet has been submitted in this case.
7. In the present facts and circumstances of this case, let the petitioners above named be granted bail, but only after framing of charge, if not framed, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Brahampur P.S. Case No. 421 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.
(Dr. Anshuman, J) Divyansh/- U T