Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10284 of 2024 Arising Out of PS. Case No.-250 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== ASHOK KUMAR S/o Bijendra Rai @ Birendra Rai R/V-Ratanpura, P.S.- Bhagawanpur, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP For the Informant :

Mr. Shekhar Harshvardhan, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard Mr. Ajay Kumar, learned counsel for the petitioner, Mr. Dilip Kumar No.1, learned APP for the State as well as Mr. Shekhar Harshvardhan, learned counsel for the informant.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 304(B), 201, 34 of the IPC.

3.

As per the prosecution case, the petitioner along with his family members killed the daughter of informant on the pretext of non-fulfillment of demand for dowry. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this

Patna High Court CR. MISC. No.10284 of 2024(6) dt.26-07-2024 2/3 case only because he is the husband of the deceased. There is general and omnibus allegation against the petitioner. There is no specific overt act against the petitioner. Petitioner is in judicial custody since 11.10.2023 and charge has already been framed against him. There is no allegation against the petitioner to tamper the evidence. Learned counsel for the petitioner further submits that the daughter of the informant died during course of treatment and he has enclosed medical report as Annexure-2 of the bail application. The petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Considering the facts and circumstances of this case, since, charge has been framed against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Bhagwanpur P.S. Case No.250 of 2022.

7.

However, the petitioner shall remain physically present in the court on each and every date during trial and in the

Patna High Court CR. MISC. No.10284 of 2024(6) dt.26-07-2024 3/3 event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Anjani Kumar Sharan, J) shikha/- U T