Patna High CourtCR. MISC./23257/2024bail granted

Kunal Kumar v. The State Of Bihar

2024-09-23Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23257 of 2024 Arising Out of PS. Case No.-1155 Year-2023 Thana- ARARIA District- Araria ====================================================== KUNAL KUMAR S/O- RAMASHISH SINGH R/O- VILLAGE- ASHRAM MOHALLA, WARD NO.- 10, P.S.- ARARIA, DIST.- ARARIA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr.Arvind Kumar, Adv.

Mr. Kumar Rajdeep, Adv.

Ms. Diksha Kumari, Adv.

For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Araria P.S. Case No. 1155 of 2023 dated 03.12.2023 registered for the offences punishable u/ss 306 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's daughter under a conspiracy due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.23257 of 2024(5) dt.23-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the informant's daughter. Learned counsel has further submitted that as per the post-mortem report of the deceased, no injury was found over the body of the deceased except on the neck and the doctor has categorically stated that the death of the deceased was caused due to asphyxia as a result of hanging. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 Araira P.S. Case No. 1155 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.23257 of 2024(5) dt.23-09-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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