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Patna High CourtCR. MISC./14039/2023allowed

Sunil Bhagat @ Sunil Kumar Singh v. The State Of Bihar

2023-07-10Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14039 of 2023 Arising Out of PS. Case No.-2508 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Sunil Bhagat @ Sunil Kumar Singh Son Of Binda Bhagat @ Binda Singh R/V- Machhagar Jagdish Tola Bada Koirauli, P.S.- Hathua, DistrictGopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babulal Prasad @ Babulal Singh Son of Late Ramdhari Singh R/vBishunpura, P.S.- Phulwariya, Dist- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Rakesh For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a complaint case registered for the offences punishable under Sections 302, 304(B), 315, 386, 342, 420 of the Indian Penal Code.

The accusation is of killing the daughter of the informant for non-fulfillment of the dowry demand.

Patna High Court CR. MISC. No.14039 of 2023(3) dt.10-07-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the informant. There is general and omnibus allegation against the petitioner. For the alleged occurrence of 30.09.2017, the complaint was filed on 17.10.2017. Prior to filing the complaint, a U.D case was registered for the same occurrence wherein the complainant himself stated that the deceased herself committed suicide after felling herself down in the well. Moreover, no prior complaint of harassment or torture was ever filed against the petitioner by the complainant. The petitioner is languishing in custody since 14.12.2022. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.14039 of 2023(3) dt.10-07-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st, Gopalganj in connection with Complaint Case No. 2508 of 2017(Trial No. 1250/2022).

(Sunil Kumar Panwar, J) Shageer/- U T