Amit Kumar @ Amit Kumar Sah vs The State Of Bihar
2021 Latest Caselaw 742 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.37614 of 2020
      Arising Out of PS. Case No.-63 Year-2020 Thana- MOHIUDDIN NAGAR District-
                                         Samastipur
  ======================================================

Amit Kumar @ Amit Kumar Sah, aged about 21 years (male), S/o Suresh Sah, R/o Village- Rajajan, P.S.- Mohiuddin Nagar, District- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

  For the Petitioner/s   :        Mr. Sanjeev Kumar Jha, Advocate
  For the State          :        Mr. Upendra Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-02-2021

Heard Mr. Sanjeev Kumar Jha, learned counsel for the

petitioner and Mr. Upendra Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Mohiuddin Nagar PS Case No.63 of 2020 dated 22.04.2020

instituted under Sections 363/366-A/302/201/120-B/34 of the

Indian Penal Code.

3. The allegation against the petitioner is that he along

with co-accused, Manish Thakur, had kidnapped the minor

daughter of the informant and after lodging of the FIR, dead

body was also recovered along that of co-accused Manish

Thakur.

4. Learned counsel for the petitioner submitted that he Patna High Court CR. MISC. No.37614 of 2020 dt.08-02-2021

is friend of Manish Thakur and there was love affairs between

the daughter of the informant and Manish Thakur and both had

married and, thus, both of them being killed is clear indicative

of the fact that it was a case of honour killing as the family was

not ready to accept such marriage. Learned counsel submitted

that the petitioner has neither any role in any kidnapping as the

same did not take place and further, that he has no role in the

matter as co-accused, Manish Thakur, was his friend. It was

submitted that the petitioner has been made accused only

because he is friend of Manish Thakur and has no criminal

antecedent and in custody since 02.05.2020. It was further

submitted that written report given to the police is undated and

though the incident is said to have taken place on 08.04.2020,

but FIR has been lodged on 22.04.2020 without there being any

explanation.

5. Learned APP submitted that the petitioner has been

specifically named in the FIR. However, he did not controvert

the fact that body of both girl and the co-accused, Manish

Thakur, was recovered together from the maize field.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, let

the petitioner be released on bail upon furnishing bail bonds of Patna High Court CR. MISC. No.37614 of 2020 dt.08-02-2021

Rs.25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the Sub Divisional Judicial

Magistrate, Samastipur, in Mohiuddin Nagar PS Case No.63 of

2020, subject to the conditions (i) that one of the bailors shall be

a close relative of the petitioner, and (ii) that the petitioner shall

co-operate with the Court and the prosecution. Failure to

cooperate shall lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T