Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82768 of 2019 Arising Out of PS. Case No.-150 Year-2019 Thana- PARAIYA District- Gaya ====================================================== DHARMENDRA KUMAR, aged about 48 years (M), Son of Ramajatan Singh, Resident of Village-Khursadihara, P.S-Paraiya, District-Gaya. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Deepak Kumar, Advocate.

For the Opposite Party :

Mr.Rajendra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302, 201 and 120(B)/34 of the I.P.C. The prosecution story, in brief, is that the petitioner murdered his daughter Sonam Kumari because of his scoff/insult in the society as Sonam Kumari was allegedly in love affair with a boy. It is further alleged that the petitioner and other family members killed his daughter Sonam Kumari and thrown her dead body in a well and when it was recovered

Patna High Court CR. MISC. No.82768 of 2019(4) dt.04-11-2020 2/3 therefrom he tried to cremate the body in haste. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 23.09.2019. Charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Except self confession of the petitioner before the police there is no other substantive evidence to suggest the implication of the petitioner in the present case. Neither any eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the alleged occurrence. Though a suspicion has been raised by the local residents. There is allegation that the deceased was in love affair with some other boy and for the said reason the alleged occurrence is said to have taken place.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.82768 of 2019(4) dt.04-11-2020 3/3 A.C.J.M.-III, Gaya, in connection with Paraiya P.S. Case No. 150 of 2019.

(Sudhir Singh, J) U.K./- U T