Kinkar Pramanik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89650 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- ABADPUR District- Katihar ====================================================== Kinkar Pramanik S/o Late Awani Pramanik R/o vill - Chandpara, ward no. 10, P.S. - Abadpur, Distt.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Helal Ahmad, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, A.P.P.
For the Informant :
Mr. Najeeb Ahmad, Advocate Mr. Thakur Brajesh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner, informant and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 103(i), 3(v) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 23.9.24 at 7:45 PM, informant got information that his son had brutally been assaulted by the F.I.R. named accused persons including this petitioner. Thereafter, on 24.9.24 at 6 AM, co-villagers informed the informant that his son is lying dead inside the house. Informant suspects that this petitioner along with other F.I.R. named accused persons killed his son.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.89650 of 2024(2) dt.29-01-2025 2/3 petitioner is innocent and has been implicated in this case only on suspicion. There is no eye witness of the alleged occurrence and informant has not disclosed the source of information as to how he got to know that petitioner is involved in the alleged offence. Lastly, he submits that as per post-mortem report no external injury was found on the body of deceased and cause of death was due to poisoning. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application and submits that the daughter of this petitioner was in love with the son of informant and due to which they killed his son.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 3rd , Katihar in connection with Abadpur P. S. Case No. 102 of 2024, subject to condition as laid down under
Patna High Court CR. MISC. No.89650 of 2024(2) dt.29-01-2025 3/3 Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T