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Patna High CourtCR. MISC./3202/2023allowed

Dr. Brajesh Kumar v. The State Of Bihar

2023-02-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3202 of 2023 Arising Out of PS. Case No.-508 Year-2021 Thana- BEUR District- Patna ====================================================== Dr. Brajesh Kumar Son Of Sahjendra Singh R/V- Dasratha, P.S.- Beur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has filed the instant application for grant of regular bail in connection with Beur P.S. Case No. 508 of 2021 registered under Sections 498(A), 363, 304(B) and 120(B) of the Indian Penal Code.

Allegation against the petitioner along with his family members is that they murdered the daughter of the informant due to non-fulfillment of dowry demand. It is further alleged that during investigation, the dead body of the deceased was found from the Railway track.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.3202 of 2023(3) dt.20-02-2023 2/3 falsely been implicated in this case. It is further submitted that there is no prior complaint in respect of misbehave, torture and dowry demand from the informant's daughter. Petitioner informed the informant that his daughter went missing after she went outside for some work, but didn't return. During investigation, informant stated before the police that the petitioner cremated and performed the last rite of the deceased. There is no consistent material available against the petitioner and also no any eyewitness of the alleged occurrence in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 29.04.2022.

The application for bail is vehemently opposed by learned APP for the State and learned counsel for the informant submitted that the petitioner is the husband of the deceased and he has full responsibility to keep his wife with honour and dignity, but he didn't do so.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case and custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be

Patna High Court CR. MISC. No.3202 of 2023(3) dt.20-02-2023 3/3 enlarged on bail in connection with Beur P.S. Case No. 508 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, 3rd , Patna. (Sunil Kumar Panwar, J) shubham/- U T