Kundan Kumar @ Kundan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25235 of 2024 Arising Out of PS. Case No.-39 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Kundan Kumar @ Kundan Paswan son of Kishori Paswan Resident of Village- Chakna @ Chakda, P.S. Saraiya, District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No. Ii For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. Earlier the anticipatory bail application of the petitioner was rejected by this Court vide order dated 24.11.2022 in Cr. Misc. No. 33934 of 2022.

3. The petitioner has prayed for regular bail in this case registered for the offence punishable under sections 304(B) and 34 of the Indian Penal Code.

4. It is a case of dowry death of the informant's sister due to non-fulfillment of dowry demand by the petitioner along with his family members.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is the husband of the deceased due to which he has falsely been

Patna High Court CR. MISC. No.25235 of 2024(4) dt.21-06-2024 2/2 implicated in this case. There is no prior complaint in respect of dowry demand and harassment with the deceased by petitioner. No any specific allegation has been levelled against the petitioner. It is further submitted that the death of the deceased is caused due to her previous ailment. 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 16.01.2024.

6. Learned counsel for the informant submitted that good sense has been prevailed between both the parties and in support of this, Annexure-2 has been annexed in this petition.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saraiya P.S. Case No. 39 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV Muzaffarpur(West).

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