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Patna High CourtCR. MISC./11174/2023allowed

Dhiraj Ram @ Dhiraj Kumar v. The State Of Bihar

2023-04-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11174 of 2023 Arising Out of PS. Case No.-230 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== Dhiraj Ram @ Dhiraj Kumar S/O Krishna Ram R/O Village- Maluki Bigha, P.S.- Muffasil, Distt- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 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 section 304(B) of the Indian Penal Code.

The allegation against the petitioner is that he along with co-accused persons murdered his daughter due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is the brother-in-law of the deceased due to which he has falsely been implicated in this case and he has no concern mess and business with the victim and also lives

Patna High Court CR. MISC. No.11174 of 2023(2) dt.21-04-2023 2/2 separate from the victim. Petitioner has got no criminal antecedent. It is further submitted not a single witness has supported the prosecution version. Similarly situated coaccused has already been granted bail by a coordinate Bench of this Court vide order dated 16.12.2022 passed in Cr. Misc. No. 56013 of 2022. The petitioner is languishing in judicial custody since 25.08.2022.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 230 of 2022 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., Aurangabad (Bihar). (Sunil Kumar Panwar, J) Manish/- U T