Rakesh Kumar @ Rakesh Choudhry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20430 of 2023 Arising Out of PS. Case No.-288 Year-2022 Thana- SIKANDRA District- Jamui ====================================================== RAKESH KUMAR @ RAKESH CHOUDHRY son of Rajo Choudhary Village- Jalay Dostani Ps- Sikandra Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Raj For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. The allegation against the petitioner along with others is of killing the daughter of the informant, due to nonfulfillment of further dowry demand.

4. 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 deceased

Patna High Court CR. MISC. No.20430 of 2023(4) dt.23-08-2023 2/2 was a short temper lady, after marriage she always pressurized her husband to leave his parents, when her husband did not ready to do so. Due to that reason, the deceased herself committed suicide. According to the Postmortem report of the deceased, it appears that the doctor has not opined the cause of death and the F.S.L. also not supported the prosecution case, as no poisonous material could be detected. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 18.10.2022.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Sikandra P.S. Case No. 288 of 2022.

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