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Patna High CourtCR. MISC./7282/2023allowed

Amit Kumar Chaudhary v. The State Of Bihar

2023-05-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7282 of 2023 Arising Out of PS. Case No.-137 Year-2022 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== AMIT KUMAR CHAUDHARY Son of Ram Kumar Chaudhary @ Ful Babu R/V- Sahora, P.S- Ashok Paper Mill, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navneet Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 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 304(B), 498(A), 120B 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 nonfulfillment 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

Patna High Court CR. MISC. No.7282 of 2023(3) dt.15-05-2023 2/2 against the petitioner and others. There is no consistent evidence and no eye-witness to show that petitioner has involved in the said crime. He submitted that the deceased herself committed suicide and it is also apparent from the Postmortem report, that the cause of death was Asphyxia due to hanging. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 24.09.2022. 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 Chief Judicial Magistrate, Darbhanga/ concerned Court in connection with Ashok Paper Mill P.S. Case No. 137 of 2022. (Sunil Kumar Panwar, J) arish/- U T