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Patna High CourtCR. MISC./10712/2025bail granted

Piyush Kumar v. The State Of Bihar

2025-04-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10712 of 2025 Arising Out of PS. Case No.-457 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== Piyush Kumar S/O Sri Pradeep Mandal R/O Village- Narayanpur Taraita, P.S.- Sultanganj, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 150/2024 arising out of Sultanganj P.S. Case No. 457/2023 dated 27.03.2023 registered for the offence punishable u/s 304B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have torture the informant's daughter physically and mentally due to non-fulfillment of demand of Rs. 2 lacs as dowry. On 23.08.2023, when she was pregnant, she was assaulted and in course of treatment, she died in the hospital.

Patna High Court CR. MISC. No.10712 of 2025(2) dt.16-04-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry. The other co-accused person has already been granted bail by the Co-ordinate Bench of this court vide order dated 20.09.2024 passed in Cr. Misc. No. 59973/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with S.T. No. 150/2024 arising out of Sultanganj P.S. Case No. 457/2023, with the condition ;-

Patna High Court CR. MISC. No.10712 of 2025(2) dt.16-04-2025 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T