Aashirwad Kumar @ Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16979 of 2023 Arising Out of PS. Case No.-41 Year-2021 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

KAILASH RAM, S/o Videsi Ram, Resident of Village-Chhotki Chenari, P.S.- Shivsagar, District-Rohtas 2.

SONU KUMAR, Son of Kailash Ram, Resident of Village-Chhotki Chenari, P.S.- Shivsagar, District-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-05-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in connection with S. T. No. 669 of 2022 arising out of Shivsagar P.S. Case No. 41 of 2021 dated 09.02.2021 registered for the offences punishable u/s 304B read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioners and the co-accused persons are alleged to have committed murder of the daughter of the informant due to non-fulfillment of demand of dowry. Learned counsel for the petitioners has submitted that the

Patna High Court CR. MISC. No.16979 of 2023(2) dt.11-05-2023 2/2 petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. He has further submitted that the petitioners are the father-in-law and the brother of the deceased. The co-accused persons have already been granted bail by the Coordinate Bench of this court vide order dated 15.03.2023 passed in Cr. Misc. No. 37473 of 2022. The petitioners have got clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 31.07.2022.

Learned A.P.P. for the State has opposed the prayer of bail petition of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with S. Tr. No. 669 of 2023 arising out of Shivsagar P.S. Case No. 41 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T