Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19207 of 2023 Arising Out of PS. Case No.-437 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== RAJEEV KUMAR S/o Late Satya Narayan Singh R/o College Chowk, Ward no. 5, P.S. and Distt- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(B), 498(A) of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the daughter of the informant, due to nonfulfillment of further dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is

Patna High Court CR. MISC. No.19207 of 2023(5) dt.08-11-2023 2/3 the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner. He submitted that from the perusal of the FIR, it is evident that on 28.03.2021, the victim received burn injury where after she was taken to the Sadar Hospital, Madhepura and this informan was also given to the informant and on 03.06.2021 the deceased died during course of treatment. He further submitted that the trial has begun and Devraj Kumar @ Luni, who is brother of the deceased and the informant deposed that PW-1 and PW-2 respectively and the informant has clearly stated that there was no demand of dowry and the victim's treatment was done at Madhepura and Purnia, where the petitioner and his family members accompanied them. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.08.2021.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged

Patna High Court CR. MISC. No.19207 of 2023(5) dt.08-11-2023 3/3 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 Addl. Sessions Judge-V, Madhepura in connection with Madhepura P.S. Case No. 473 of 2021. (Sunil Kumar Panwar, J) Arish/- U T