Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17425 of 2024 Arising Out of PS. Case No.-13 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== Shashi Kumar, Son Of Shailendra Bhagat, Resident Of Village - Utarma, Police Station - Khijarsarai, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No.826/2022 arising out of Khijarsarai P.S. Case No. 13 of 2022 lodged on 15.09.2022 under Sections 304B and 498A of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against six named accused persons, including the present petitioner alleging therein that the informant performed the marriage of her daughter with co-accused Lal Babu @ Raja Babu Malakar. Subsequently, all the accused persons started torturing the daughter of the informant for non-fulfillment of the further dowry demand and ultimately they killed her.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.17425 of 2024(2) dt.14-03-2024 2/2 petitioner being the nephew (bhagina) of the informant is innocent and has committed no offence. The present case has been lodged only with a view to create pressure on the family members of the husband of the deceased. There is no specific allegation against the petitioner rather the allegation levellend in the FIR is omnibus and general. The petitioner is in custody since 15.09.2022 having no criminal antecedent. Moreover, the charge has already been framed in this case.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge1st, Gaya, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T