Mukesh Kumar Singh @ Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11982 of 2024 Arising Out of PS. Case No.-75 Year-2015 Thana- AWTARNAGAR District- Saran ====================================================== Mukesh Kumar Singh @ Mukesh Singh Son of Nagendra Singh @ Nagendra Prasad Singh R/o vill - Jhauwa Basant, P.S. - Awtar Nagar, Distt. - Saran (Chhapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Awtar Nagar P.S. Case No. 75 of 2015 dated 01.08.2015 registered for the offences punishable u/s 304B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the deceased died of burnt injuries within two years of her marriage and there is allegation of illegal demand as well as torturing against the co-accused, Geeta Devi and the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased and he has no concern with the alleged offence. The petitioner was not present at the time of the alleged occurrence. At that time he was in Delhi. The petitioner

Patna High Court CR. MISC. No.11982 of 2024(5) dt.09-07-2024 2/2 neither demanded any dowry nor tortured the informant's sister. The co-accused person has already been granted regular bail by the Coordinate Bench of this court vide order dated 05.04.2024 passed in Cr. Misc. No. 14126 of 2016. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.06.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner who is the husband of the deceased.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran in connection with Awatar Nagar P.S. Case No. 75 of 2015 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T