Pankaj Kumar Chaudhary @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4691 of 2023 Arising Out of PS. Case No.-265 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== PANKAJ KUMAR CHAUDHARY @ PANKAJ KUMAR Son of Triloki Choudhary R/v- Kujhi, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 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 304(B) and 34 of the Indian Penal Code.

Prosecution case relates to commission of murder of the informant's daughter due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the deceased due to which he has falsely been implicated in this case. There is no prior complain of assaulting and harassment to the deceased against the petitioner. It is also submitted that as per the postmortem report,

Patna High Court CR. MISC. No.4691 of 2023(7) dt.07-11-2023 2/2 there is no obvious external and internal injury present in the body of the deceased and opinion has been preserved till F.S.L. reporting. From perusal of the F.S.L. report, there is no metallic, alkaloidal, glycosidal, pesticidal and volatile poison could be detected in the body the deceased. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.06.2022.

Learned APP appearing for the state and learned counsel 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 Wazirganj P.S. Case No. 265 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, Gaya.

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