Shivam Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5719 of 2024 Arising Out of PS. Case No.-148 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== SHIVAM ANAND S/O DILIP SAW R/O MOHALLA- BHUTNATH ROAD, NEAR WATER TANK, P.S- AGAMKUAN, DISTT.- PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudal Prasad For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Agamkuan P.S. Case No.148 of 2023 registered for the offence under Sections 304B/34 of the Indian Penal Code. 3.

Allegation against the petitioner is to have committed murder of sister of the informant due to nonfulfillment of demand of dowry. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that petitioner is husband of the deceased. It is submitted that during trial the informant, Suraj Kumar, as P.W.1 before the learned trial court

Patna High Court CR. MISC. No.5719 of 2024(3) dt.05-04-2024 2/2 turned hostile in this case and stated in his examination-in-chief that this petitioner has not demanded any dowry and also not torture his sister and the got information about strangulation by the family members of the petitioner. It is further submitted that the P.W.2, namely, Nilam Devi, P.W.3, namely, Dablu Kumar and P.W.4, namely, Rakesh Kumar Nandan have turned hostile and not supported the prosecution story as stated in FIR. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 13.02.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Agamkuan P.S. Case No.148 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-III, Patna City.

(Ramesh Chand Malviya, J) S.Katyayan/- U T