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Patna High CourtCR. MISC./21327/2023bail granted

Dularchand Thakur v. The State Of Bihar

2023-05-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21327 of 2023 Arising Out of PS. Case No.-425 Year-2022 Thana- JOKIHAT District- Araria ====================================================== Dularchand Thakur S/O Late Sadanand Thakur R/O Village- Aamgachhi, Ward No.-08, P.S- Jokihat (MAHALGAON), Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Jokihat P.S. Case No. 425 of 2022 dated 07.08.2022 registered for the offence punishable u/s 304B read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons in connivance with one another committed murder of the daughter of the informant due to non-fulfillment of Rs. 75,000/- as dowry.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.21327 of 2023(2) dt.22-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is the uncle of the husband of the deceased and he is living separately. There is general and omnibus allegation against the petitioner. The other co-accused persons have already been granted bail by the Co-ordinate Bench of this court vide order dated 17.05.2023 passed in Cr. Misc. No. 15783 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.10.2022.

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

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 Jokihat P.S. Case No. 425 of 2022.

The application stands allowed.

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