Ravi Kumar Thakur @ Ravi Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9400 of 2023 Arising Out of PS. Case No.-70 Year-2021 Thana- MORKAHI District- Khagaria ====================================================== RAVI KUMAR THAKUR @ RAVI THAKUR Son of Ganesi Thakur Resident of village- Ohuna, P.S.- Alauli, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anurag Saurav For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B/34of the Indian Penal Code.

The prosecution case, in brief, is that earlier the marriage of the informant's sister was solemnized with the petitioner and the petitioner along with co-accused used to torture the deceased mentally and physically due to nonfulfillment of dowry demand. After that, the informant came to know that her sister has been killed by hanging. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely

Patna High Court CR. MISC. No.9400 of 2023(3) dt.11-05-2023 2/3 been implicated in the present case. There is no prior complaint against the petitioner in respect of torturing or demeaning dowry from the deceased. It is further submitted vide para 15 of the petition that the informant himself admitted during trial that the deceased was unable to get pregnant and after getting this information by the doctor, she went into depression. As per postmortem report, doctor opined that the cause death is due to Asphyxia as a result of hanging. It is further submitted that one of the co-accused namely, Maharani Devi (mother-in-law of the deceased) is acquitted in this case vide judgement dated 17.12.2022 in Sessions Trial No. 178 of 2022 and in support of this Annexure-3 has been annexed. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 3.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Morkahi P.S. Case No. 70 of

Patna High Court CR. MISC. No.9400 of 2023(3) dt.11-05-2023 3/3 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-V, Khagaria. (Sunil Kumar Panwar, J) Amandeep/- U T