Rahul Singh @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3024 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- ALOULI District- Khagaria ====================================================== Rahul Singh @ Rahul Kumar S/O Late Musharu Singh Resident Of VillageIcharua, P.S.- Alauli, District- Khagaria. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

It is a case of dowry death due to non fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and petitioner being the husband of deceased has falsely been implicated in the present case. It is further submitted

Patna High Court CR. MISC. No.3024 of 2023(3) dt.25-04-2023 2/3 that petitioner has never demanded any dowry nor tortured either physically or mentally to the deceased. A statement has been made in para 12 of the petition that deceased was forced by her parents to marry the petitioner and she was annoyed with the marriage and she does not want to lead conjugal life with the petitioner and due to this she perhaps has committed suicide. Charge-sheet has been submitted against the petitioner. From perusal of postmortem report, it appears that cause of death as opined by the doctor is due to asphyxia due to hanging. Moreover, the petitioner is languishing in judicial custody since 09.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.3024 of 2023(3) dt.25-04-2023 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Alauli P.S. Case No. 153 of 2022 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 Chief Judicial Magistrate, Khagaria.

(Sunil Kumar Panwar, J) Nirajkrs/- U T