Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18921 of 2023 Arising Out of PS. Case No.-13 Year-2022 Thana- NAGARNAUSA District- Nalanda ====================================================== Nitish Kumar S/O Jagdish Singh Resident Of Village- Daldali Chak, Police Station- Nagar Nausa, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code. It is alleged by the informant that his daughter has been killed by all her in-laws family members including the petitioner for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of

Patna High Court CR. MISC. No.18921 of 2023(4) dt.21-08-2023 2/3 the deceased. The deceased was a quarrelsome lady and she always used to quarrel with her in-laws family members, hence, in presence of her father, a family partition was done and the petitioner and the deceased were living separately. On the alleged date of occurrence, some altercation took place between the deceased and her mother-in-law, hence, out of rage, she committed suicide. The petitioner lives outside Stage in the State of Kerala for his livelihood and on the alleged date of occurrence, he was not present in his village. The petitioner is languishing in custody since 09.02.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and it was his responsibility to take care of his wife. The deceased died within seven years of marriage. Considering the facts aforesaid and the period

Patna High Court CR. MISC. No.18921 of 2023(4) dt.21-08-2023 3/3 under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Hilsa, Nalanda in connection with Nagarnausa P.S. Case No. 13 of 2022(Sessions Trial No. 595/2022). (Sunil Kumar Panwar, J) Shageer/- U T