Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7796 of 2023 Arising Out of PS. Case No.-307 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== RAHUL KUMAR Son of Sri Suresh Paswan R/v- Near at Purandarpur, BArea More, P.S.- Jakkanpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that her daughter was married with this petitioner thereafter, the accused persons including the petitioner used to torture and assaulting her. Thereafter, the informant came to know that her daughter was killed by the accused persons and hanged her with a rope by which her death was caused.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. There is no prior complaint against

Patna High Court CR. MISC. No.7796 of 2023(3) dt.21-06-2023 2/2 the petitioner regarding dowry demand or torture to the deceased. It is further submitted vide para 3 of the supplementary affidavit that during course of the trial, three witnesses have been examined in this case and all witnesses including the informant were declared hostile by the prosecution and they have not supported the case. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 19.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jakkanpur P.S. Case No. 307 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Patna.

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