Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8097 of 2023 Arising Out of PS. Case No.-165 Year-2019 Thana- BARH District- Patna ====================================================== VIKASH KUMAR Son of Sitaram Yadav R/v- Burhanour (Budhanpur), P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 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 328, 304B, 201/34 of the Indian Penal Code.

As per prosecution case, the petitioner along with other co-accused persons are alleged to have killed the informant 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 husband of the deceased due to which he has falsely been implicated in this case. There is no prior complaint regarding demand of dowry or subject to cruelty to the victim against the petitioner. The petitioner has blessed with one child

Patna High Court CR. MISC. No.8097 of 2023(3) dt.05-07-2023 2/2 from wedlock of the deceased. As a matter of fact that the daughter of the informant has died due to heart attack and her parents participated in Funeral ceremony as well as her last rituals also. The entire allegation leveled against the petitioner is completely false and fabricated. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 5.12.2022. 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 Barh P.S. Case No. 165 of 2019 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, Barh, District- Patna.

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