Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 9618 of 2023 Arising Out of PS. Case No.-440 Year-2022 Thana- MAHUA District- Vaishali ====================================================== ABHISHEK KUMAR Son of Jageshwar Rai R/v- Babanghat Adalpur, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 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 302, 201 and 34 of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the daughter of the informant due to non-fulfillment of further dowry demand. It is further alleged that the informant's daughter namely Anamika Kumari was solemnized marriage 10 years ago with one Pankaj Kumar, but in an accident her husband Pankaj Kumar died. Thereafter, marriage of informant's daughter performed with her Devar Rajan Kumar.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No. 9618 of 2023(2) dt.03-05-2023 2/2 committed no offence. The deceased is the wife and petitioner is the friend of co-accused Rajan Kumar. He submitted that the petitioner has no concern with mess and business of the deceased as well as her husband. There is no any prior complaint regarding harassment, torturing and assaulting to the deceased against the petitioner along with others. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.11.2022. 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. 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, Vaishali at Hajipur/concerned Court in connection with Mahua P.S. Case No. 440 of 2022. (Sunil Kumar Panwar, J) arish/- U T