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Patna High CourtCR. MISC./19248/2023allowed

Dhiraj Kumar @ Dhiraj Ray v. The State Of Bihar

2023-07-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19248 of 2023 Arising Out of PS. Case No.-202 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== DHIRAJ KUMAR @ DHIRAJ RAY Son of Vinod Ray R/V- Harkarwa P.SPiprahi Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(B), 201/34 of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the daughter of the informant, due to nonfulfillment of further dowry demand. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner and others. He submitted that the

Patna High Court CR. MISC. No.19248 of 2023(3) dt.03-07-2023 2/2 petitioner blessed with one child from the wedlock of the deceased. The informant, who is P.W.-4 has been examined has not supported the prosecution case and he has specifically stated in his cross-examination that his daughter died due to diarrhea and vomiting and he without proper knowledge lodged this FIR. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.08.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Sheohar in connection with Piprahi P.S. Case No. 202 of 2021.

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