Vinod Kumar @ Vinod Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13289 of 2022 Arising Out of PS. Case No.-528 Year-2020 Thana- GORAUL District- Vaishali ====================================================== Vinod Kumar @ Vinod Ray Son of Doman Rai Resident of Village - Rusulpur Inayat @ Babhantoli, P.s.- Goraul, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

Allegation against the accused persons including the petitioner is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed the offence. He further submits that from bare perusal of the allegation as alleged in the F.I.R, it would manifest that allegation is general and omnibus in nature as it is alleged that all family members of her

Patna High Court CR. MISC. No.13289 of 2022(3) dt.17-08-2022 2/2 husband were demanding dowry. It is further submitted that petitioner is the elder brother of the husband of the deceased and having separate in mess and property and he has nothing to do with the deceased or her husband. Further, it is submitted that another co-accused, namely, Priyanka Devi has been granted bail by a Co-ordinate Bench of this Court vide order dated 26.11.2021 passed in Criminal Miscellaneous No. 31131 of 2021 and the co-accused, namely, Manoj Kumar has been granted anticipatory bail vide order dated 26.11.2021 passed in Criminal Miscellaneous No. 55026 of 2021. The petitioner is in custody since 10.12.2021, is a person with clean antecedent and chargesheet has been submitted in the case. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Vaishali at Hajipur in connection with Goraul P.S. Case No. 528 of 2020. (Khatim Reza, J) Gaurav Kumar/- U T