Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17472 of 2021 Arising Out of PS. Case No.-122 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== DHARMENDRA KUMAR, SON OF BINDESHWAR RAI, RESIDENT OF VILLAGE-ABBU MAHAMMADPUR P.S. BAKHTIYARPUR DIST. PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP For the Informant :

Mr. Gajendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

As per the prosecution case, the allegation against the accused persons including the petitioner herein is of having tortured and ultimately having killed the daughter of the informant for non fulfillment of the demand of dowry. It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The petitioner is innocent and has been falsely implicated in the case because of his relationship of being the brother-in-law (Bhaisur) of the deceased. The allegations are

Patna High Court CR. MISC. No.17472 of 2021(4) dt.21-10-2021 2/2 general and omnibus in nature. A number of co-accused whose orders have been brought on record by way of supplementary affidavit have been enlarged on bail and the case of the petitioner stands on a better footing. The petitioner is in custody since 9.10.2020 and has no criminal antecedent. The application for bail is opposed by learned APP for the State and learned counsel for the informant who submits that not only the petitioner is named in the FIR but he has actively participated in the torture and ultimate death of the victim.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the period in custody together with grant of bail to other co-accused, the petitioner is directed to be enlarged on bail in connection with Bakhtiyarpur P.S. Case no. 122 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Barh, Patna.

(Partha Sarthy, J) Spd/- U T