Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18470 of 2023 Arising Out of PS. Case No.-1035 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Pintu Kumar Son Of Mohan Ram Village- Aadarsh Colony Club Road Aurangabad Ps And Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Phulwarisharif P.S. Case No. 1035 of 2022 registered under section 306 of the Indian Penal Code.

Prosecution case in short, is that, the daughter of the informant married to petitioner. After three months of marriage, all the family members of the her husband started demanding Rs. 3 lakh and always used to threaten not to keep her. It is further alleged that his daughter did not bear the behaviour of her in-laws family and lastly she committed suicide by hanging herself.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.18470 of 2023(2) dt.13-04-2023 2/3 petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. It is further submitted that there is no prior complaint in respect of assault, harassment and any demand from the deceased. It is also submitted from para-8 of this petition that the ornaments of deceased was being taken by the members of his parental house and when she demanded her ornaments back they refused and the same was not handed over to her. Due to this, in annoyance, she committed suicide in her parental home (Maike) and the petitioner has no concern with the alleged offence. During investigation, no eye witness has supported the prosecution version. From perusal of the postmortem report, it shows that the deceased died after committing suicide. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to

Patna High Court CR. MISC. No.18470 of 2023(2) dt.13-04-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Phulwarisharif P.S. Case No. 1035 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIV, Patna.

(Sunil Kumar Panwar, J) shubham/- U T