Birendra Sao @ Biren Kumar @ Birendra Kumar @ Virendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9128 of 2022 Arising Out of PS. Case No.-171 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== BIRENDRA SAO @ BIREN KUMAR @ BIRENDRA KUMAR @ VIRENDRA KUMAR S/o Krishna Sao R/o village- Patiouna, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-06-2022 Heard learned counsel for the petitioner and the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

As per allegation, informant's daughter aged about 22 years was killed by the accused persons including the petitioner on account of dowry demand made by the accused persons having not been fulfilled and after commission of the alleged occurrence, accused persons burnt the dead body of the deceased.

The main submissions advanced by the learned counsel for the petitioner are that petitioner is brother-in-law of

Patna High Court CR. MISC. No.9128 of 2022(2) dt.23-06-2022 2/2 the deceased, against him there is no specific allegation and he is separate in mess and business with the husband of the deceased and has been languishing in jail since 14.9.2021 and one co-accused Dharmendra Kumar has been granted anticipatory bail by a coordinate bench of this court vide order passed in Cr. Misc. no. 52410 of 2021.

Learned APP opposes the prayer for bail.

Heard both side and perused the FIR. The present petitioner is stated to be brother-in-law of the deceased, against whom there is no specific allegation and a co-accused has been granted anticipatory bail by a coordinate bench of this court. Considering these facts as well as above submissions and facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Sherghati, Gaya in Barachatti Police Station Case No. 171 of 2021. (Shailendra Singh, J) s.hassan/- U T