Narendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8790 of 2024 Arising Out of PS. Case No.-191 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Narendra Kumar S/o Sri Nawab Lal Prasad @ Nawab Ray R/o New Jaganpura near Trideo Mandir, P.S. - Ram Krishna Nagar, Dist. - Patna ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mrs.Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr. Murli Dhar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Sessions Trial No. 1059 of 2023 arising out of Ramkrishna Nagar P.S. Case No. 191 of 2023 dated 25.03.2023 registered for the offence punishable under Sections 341, 323, 498(A), 304(B)/34 of the Indian Penal Code.
3. As per the prosecution case, it is alleged that the informant received telephonic information that his daughter has been killed by her husband and the family members. The F.I.R contains the allegation that the marriage was solemnized in the
Patna High Court CR. MISC. No.8790 of 2024(4) dt.22-05-2024 2/3 year 2022 and the victim was being tortured for non-fulfillment of demand for dowry.
4. Learned counsel for the petitioner submits that petitioner is the husband of the deceased. It is submitted that when petitioner and with his mother returned and knocked the door, the door was not opened and accordingly, several phone calls were given to the deceased on her mobile, but she did not pick up the phone. It is submitted that the grill of said door was opened by Dilwar Ansari, who is Mistry of grill shop. He has stated that the door was closed from inside. The said Dilwar Ansari has stated that he cut the grill, which was fixed in the door with a grinding machine and thereafter, he went inside the said flat and opened the closed door and found the girl hanging with ceiling fan with the help of cloth. Thereafter, all the persons entered inside the house.
Subsequently, the father of the petitioner and his shop owner, namely, Chunu Shao went to their shop. Thereafter, he learnt that the girl has committed suicide. The statement of independent witness namely Dilwar Ansari has been recorded in paragraph no. 43 of the case diary, which fully corroborates the aforesaid facts. It is further submitted that statement of independent witness namely Dilwar Ansari belies the allegation made in the FIR.
Patna High Court CR. MISC. No.8790 of 2024(4) dt.22-05-2024 3/3 custody since 26.03.2023 and has antecedent of two criminal cases. Out of the two cases, he is on bail in one case and in other case, he has been acquitted by the learned Trial Court.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-V, Patna, in connection with Sessions Trial No. 1059 of 2023 arising out of Ramkrishna Nagar P.S. Case No. 191 of 2023.
7. The application stands allowed.
(Khatim Reza, J) Prakash/- U