Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4546 of 2022 Arising Out of PS. Case No.-29 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== Prince Kumar S/o Poonam Bharti Resident of Village - Devi Bigha, P.S. - Daudnagar, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar No. 6, Advocate For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Daudnagar P.S. Case No. 29 of 2020 instituted for the offences under Sections 304(B), 120(B), 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 22.09.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that informant alleges that his daughter namely, Suruchi Kumari (deceased) had got married with the petitioner on 05.05.2019 by the Hindu Customs and at that time Rs. 1,10,000/- and other ornaments and other articles had been gifted. After marriage, inlaws family members were demanding motorcycle. Due to non-

Patna High Court CR. MISC. No.4546 of 2022(2) dt.07-06-2022 2/3 fulfillment of the said demand, she was tortured by the in-laws. Further, it is submitted that on 29.01.2020 at about 11:00 A.M. informant was informed by the in-laws that his daughter had committed suicide by hanging. After getting this information, he went to the in-laws of daughter's house and found his daughter dead and lying in the Varanda and all the family members were absent and some villagers informed him that her in-laws had killed her daughter and fled away leaving the deceased. Learned counsel for the petitioner further submits that petitioner is not named in the F.I.R. though he is the husband of the deceased. All allegations in the F.I.R. are against the fatherin-law, mother-in-law and brother-in-law of the deceased.

During the course of the investigation, in re-statement of the informant the name of petitioner has transpired. It is further submitted by the learned counsel for the petitioner that a supplementary affidavit on behalf of the petitioner has been filed on 30.03.2022 in which it is stated that during the pendency of the instant bail application, four prosecution witnesses have been examined including the father and brother of the deceased and all have been declared hostile. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Patna High Court CR. MISC. No.4546 of 2022(2) dt.07-06-2022 3/3 Considering the fact that the petitioner is in custody since 22.09.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 29 of 2020.

(Khatim Reza, J) Gaurav Kumar/- U T