Kishan Choupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63837 of 2018 Arising Out of PS. Case No.-63 Year-2017 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Kishan Choupal, Son of Late Phusi Chaupal, Resident of Village- Simari, P.S.- Ghanshyampur, District- Darbhanga.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Yadav For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the IPC.

The prosecution case, as per the written report of Sonu Devi submitted to the Station House Officer, Ghanshyampur Police Station, is to the effect that the informant's mother, Kaushaliya Devi was kidnapped and killed on 28.04.2017. It is alleged that the property of the informant's mother was being taken care of by the petitioner and co-accused Dukhani Devi. On 28.04.2017, the mother of the informant went to the farm house, where the agriculture work was going on, but she did not return. Thereafter, the informant enquired from the petitioner

Patna High Court Cr.Misc. No.63837 of 2018(2) dt.08-01-2019 2/3 and co-accused Dukhani Devi, when she was conveyed that her mother has returned from the farm house, but she did not reach. Hence suspicion was raised against the petitioner and coaccused Dukhani Devi and the FIR was lodged against them. It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been named in the FIR. On conclusion of investigation, the petitioner has not been sent up for trial, but differing with the final form, cognizance has been taken against the petitioner also. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP, however, submits that the petitioner is named in the FIR.

Considering the fact that the accusation is based on suspicion and on conclusion of investigation, the petitioner was not sent up for trail, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.63837 of 2018(2) dt.08-01-2019 3/3 satisfaction of learned SDJM, Biraul, Darbhanga in connection with Ghanshyampur P.S. Case No.63 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T