IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1963 of 2011
BRAJESH KUMAR @ KARAN
Versus
THE STATE OF BIHAR
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03 28.04.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Aurangabad Muffasil P.S. Case No. 108 of 2010 under
Sections 302, 201/34 of the Indian Penal Code and 27 of the Arms
Act was registered on the basis of self statement of A.S.I. of above
stated Police Station.
Petitioner is named in the first information report and it
is stated that he with the help of other accused killed his wife Ritu
Singh.
The contention of learned counsel for the petitioner is
that the petitioner had solemnized his love marriage with the
deceased and the deceased had belonged to upper caste community
whereas petitioner is a member of Scheduled Caste. It is further
contended by him that the above stated love marriage was not
liked by the family members of the deceased and subsequently, the
family members of the deceased in collusion with Sujit Singh, who
happens to be Mausera brother of the deceased, committed the
murder of the deceased and taking in collusion, the local police
lodged this false case against the petitioner. It is also pointed out
by him that after the alleged occurrence, it is the petitioner, who
informed about the incident to the Police Station.
Considering the aforesaid facts and circumstances as
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well as submissions of the parties, particularly, this aspect of the
matter that none has seen the actual killing of the deceased and
except the so-called confessional statement of the petitioner, there
is nothing against him, let the petitioner be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of Sri Ashutosh
Khetan, Judicial Magistrate, 1st Class, Aurangabad in connection
with Aurangabad Muffasil P.S. Case No. 108 of 2010.
Shahzad (Hemant Kumar Srivastava, J )