Kailash Prasad vs State Of Bihar

Heard Dr Alok Kumar Alok, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor (hereinafter

referred to as the ‘APP’) for the State.

The petitioner is in custody in connection with Minapur PS Case No. 134 of 2020 dated 23.04.2020, instituted under Sections 365/302/201/120(B)/34

of the Indian Penal Code.

The allegation against the petitioner and others is of killing the son of the informant.

Learned counsel for the petitioner submitted that the daughter of the petitioner and son of the informant both died due to unnatural reasons at

SKMCH, Muzaffarpur. It was submitted that the daughter of the petitioner was cremated after lodging of an FIR and postmortem in which the

informant side has been made accused, whereas in the present case the son of the informant also died but the body was cremated by them hurriedly

before filing any case or postmortem. Learned counsel submitted that witnesses have stated that the informant side took the deceased on the same

tempo on which the daughter of the petitioner was also taken to SKMCH, Muzaffarpur. It was submitted that the petitioner having no criminal

antecedent is in custody since 28.04.2020 as has been recorded in the order of the Court below. It was submitted that the petitioner having no criminal

antecedent is in custody since 28.04.2020.

Learned APP submitted that the allegation against the petitioner is of killing the son of the informant.

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 Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief

Judicial Magistrate, Muzaffarpur in Minapur PS Case No. 134 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 cooperate in the case. Failure to cooperate shall lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.

However, the main application supported by affidavit shall be e filed in this Court by learned counsel for the petitioner latest by day after tomorrow.