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Patna High CourtCR. MISC./9632/2023allowed

Jai Kishor Panday @ Kishor Pandey v. The State Of Bihar

2023-06-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9632 of 2023 Arising Out of PS. Case No.-49 Year-2021 Thana- IMAMGANJ District- Gaya ====================================================== JAI KISHOR PANDAY @ KISHOR PANDEY Son of Suresh Panday Resident of village - Babhandi, P.O. and P.S.- Imamganj, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Tiwari For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(B), 201/34 of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the sister of the informant, due to non-fulfillment of further dowry demand.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner and others. The deceased blessed with two

Patna High Court CR. MISC. No.9632 of 2023(4) dt.20-06-2023 2/2 children out of her wedlock. He submitted that the father of the petitioner have made an agreement with informant in presence of the witnesses on oath that he has gave the share of the petitioner in favour of the heirs namely, Aditiya Raj i.e., (son of the petitioner) on 20.09.2021. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.03.2021. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Sherghati (Gaya) in connection with Imamganj P.S. Case No. 49 of 2021.

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