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Patna High CourtCR. MISC./10001/2023bail granted

Dilip Ram v. The State Of Bihar

2023-08-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10001 of 2023 Arising Out of PS. Case No.-419 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== Dilip Ram S/O Sahangu Ram R/V- Fatehpur, P.S.- Yogapatti, District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Sunil Kumar Pandey For the State : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 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 498A, 304B, 201, 149, 120B of the Indian Penal Code. As per prosecution case, the allegation against the accused persons is that they committed murder of the informant's daughter due to non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case. The informant is not an eye witness of the alleged occurrence and except suspicion nothing

Patna High Court CR. MISC. No.10001 of 2023(3) dt.03-08-2023 2/2 consistent evidence has come out against the petitioner. There is no specific allegation of overt-act levelled against the petitioner. Similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 24.06.2023 passed in Cr. Misc. No. 26347 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 20.09.2022.

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 Yogapatti P.S. Case No. 419 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran. (Sunil Kumar Panwar, J) Manishkumar/- U T