Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12254 of 2023 Arising Out of PS. Case No.-105 Year-2020 Thana- ROHTAS District- Rohtas ====================================================== CHANDAN KUMAR S/O SANJAY SINGH Resident of Village- Akbarpur, P.S.- Rohtas, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 304-B, 323, 504, 506 of the Indian Penal Code.

As per allegation in the FIR, petitioner has committed murder of his wife (daughter of the informant) by pressing her neck due to non-fulfillment of dowry demand.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. He has never demanded any thing from the deceased. Prior to the alleged incident, there is no complain regarding harassment or torture at her matrimonial home by her husband or his relatives. In fact, she died due to

Patna High Court CR. MISC. No.12254 of 2023(5) dt.22-08-2023 2/2 snake bite. During course of trial four witnesses have been examined in court including the father of the deceased as P.W. 2, who has not supported the prosecution story and he has declared hostile, supportive document is annexed as Annexure-P2 series to the supplementary affidavit. Petitioner is languishing in judicial custody since 7.5.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-11 Rohtas at Sasaram in connection with Rohtas P.S. Case No. 105 of 2020. (Sunil Kumar Panwar, J) sushma/- U