Patna High CourtCR. MISC./17766/2023bail granted

Sunil Thakur @ Sunil Kumar Thakur v. The State Of Bihar

2023-08-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17766 of 2023 Arising Out of PS. Case No.-425 Year-2022 Thana- JOKIHAT District- Araria ====================================================== Sunil Thakur @ Sunil Kumar Thakur Son Of Late Suren Thakur Resident Of Village - Aamgachhi, Ward No.- 08, P.S.- Jokihat (Mahalgaon), Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023 Learned counsel for the petitioner 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Jokihat (Mahalgaon) P.S. Case No. 425 of 2022 dated 07.08.2022 registered for the offences u/s 304B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and coaccused persons are alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of Rs. 75,000/- for purchasing e-rickshaw.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.17766 of 2023(3) dt.02-08-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner has neither demanded any amount nor tortured the deceased. There is general and omnibus allegation against the petitioner. The petitioner solemnized marriage with the deceased seven years ago. They were blessed with three children from their wedlock and were leading a happy conjugal life. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.08.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner who was the husband of the deceased.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 425 of 2022.

8. The application stands allowed.

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