Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17061 of 2024 Arising Out of PS. Case No.-126 Year-2023 Thana- BANSHI District- Jehanabad ====================================================== CHANDAN KUMAR SON OF VIJAY CHAUDHARY RESIDENT OF VILLAGE - MOGLAPUR, P.S. - BANSHI, DISTRICT - ARWAL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Jha, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Banshi P.S. Case No. 126 of 2023 instituted for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant had solemnized marriage with the petitioner. On 24.09.2023, the informant's daughter called him and told him that her mother-in-law is demanding dowry of Rs. 3,00,000/- and if she fails to pay, they would kill her. Later on, when the informant denied to pay the amount, the member of in-law's family of her daughter killed her and fled away from the house.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely

Patna High Court CR. MISC. No.17061 of 2024(3) dt.20-04-2024 2/2 been implicated in this case merely on ground of suspicion.

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

6. From perusal of the F.I.R. and impugned order of the learned Additional Sessions Judge-II, Jehanabad, dated 20.01.2024, it appears that petitioner is the husband of the deceased and no postmortem of the deceased has been conducted. The investigating officer and informant did not brought any evidence against the petitioner to support the allegations levelled against him. As per statement of the witness in Para 47 of the case diary, the cause of the death of the deceased is electric shock and the petitioner had already informed the same to the mika of the deceased. Petitioner is in custody since 29.09.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, District- Arwal in connection with Banshi P.S. Case No. 126 of 2023.

(Ramesh Chand Malviya, J) tusharika/- U T