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Patna High CourtCR. MISC./7359/2024bail granted

Umesh Thakur v. The State Of Bihar

2024-02-17Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7359 of 2024 Arising Out of PS. Case No.-735 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Umesh Thakur S/O Late Devsaran Thakur RESIDENT OF DADAR MANDI GULZARBAGH PHULWARIA, AS IN THE RENTED HOUSE OF SURAJ KUMAR, PS. ALAMGANJ, DIST. PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tilak Sao, Adv For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Alamganj P.S. Case No. 735 of 2023 registered on 19.08.2023 lodged under Sections 304B/34 of the I.P.C. and 3⁄4 of the D.P. Act.

3. As per the prosecution case, F.I.R. the present case has been filed under Section 304B/34 of the I.P.C.

4. Counsel for the petitioner submits that the marriage of the informant's daughter has been solemnized with the son of the petitioner. It also transpires from the records that it has been alleged that husband and his entire family used to torture the daughter of the informant for demand of dowry.

Patna High Court CR. MISC. No.7359 of 2024(2) dt.17-02-2024 2/3

5. Upon the pleading, it transpires to this Court that the husband of the deceased is already in judicial custody since 17.08.2023. It has also been pleaded that father-in-law is an old aged person and has no concern with the family affairs of the husband of the deceased.

6. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 17.08.2023 having no criminal case pending against him.

7. Learned counsel for the State opposes the prayer for bail.

8. Learned counsel for the informant vehemently opposes the prayer for bail and submits that that daughter of the informant died leaving behind one son aged about two years old. He also submits that all accused persons are involved in commission of the crime.

9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if not framed yet and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Patna City in connection

Patna High Court CR. MISC. No.7359 of 2024(2) dt.17-02-2024 3/3 with Alamganj P.S. Case No. 735 of 2023, subject to the conditions laid down under Section 437 (3) of the Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U