Tinku Kushwaha @ Sheojee Kushwaha @ Shivji Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16602 of 2024 Arising Out of PS. Case No.-211 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Tinku Kushwaha @ Sheojee Kushwaha @ Shivji Kushwaha S/o Laljee Kushwaha @ Lalji Prasad R/o Vill - Khajuri, Purab Tola, P.S. - Kuchaikote, Dist. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad, Adv.

For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in Kuchaikote P.S. Case No. 211 of 2023 registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including this petitioner, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the sister of the informant after assaulting and pressing her neck.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. The petitioner is husband of the deceased. He has been falsely implicated in this case due to ulterior motive. The allegation

Patna High Court CR. MISC. No.16602 of 2024(4) dt.28-06-2024 2/2 levelled against the petitioner is totally false and based on concocted facts. Petitioner has one criminal antecedent as mentioned in para 3 of the bail application. He is in custody since 25.05.2023 and the charge sheet has already been submitted against him.

5. Learned APP for the State opposed the prayer for bail.

6. Considering the submissions made as well as the period of judicial custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kuchaikote P.S. Case No. 211 of 2023.

7. Petitioner is directed to cooperate in the trial. If the petitioner fails to appear before the learned Court below on two consecutive dates on the date fixed in the case, the prosecution will be at liberty to file an application for cancellation of bail bond of the petitioner before the learned Court below. (Anjani Kumar Sharan, J) divyanshi/- U T