Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21058 of 2023 Arising Out of PS. Case No.-197 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Bittu Kumar, aged about 25 years years, Male, Son of Late Dinesh Singh @ Dinesh Kumar Singh Resident of Village - Chechar, P.S.- Bidupur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the State :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Mahua P.S. Case No. 197 of 2022 dated 29.03.2022 registered for the offence punishable under Sections 304(B) and 306/34 of the Indian Penal Code.

As per the prosecution case, the marriage of the informant's daughter was solemnized with the petitioner. The victim came with the informant from her matrimonial to her parental house where she committed suicide burning herself on the provocation of his uncle. The specific allegation against the

Patna High Court CR. MISC. No.21058 of 2023(2) dt.19-05-2023 2/3 petitioner who is husband of the victim is that he and coaccused persons have demanded dowry and tortured her for non-fulfillment of the same.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The victim was living happily alongwith the petitioner and in-laws in her matrimonial home and never complained about any dowry torture. The petitioner or his family members are not responsible for committing suicide by the victim. The petitioner and his family members have been implicated in this case for ulterior motive. The petitioner is in jail custody since 08.02.2023 having no criminal antecedent. Charge sheet has already been submitted against the petitioner and there is no chance of his absconding or tampering with the evidence on record, if released on bail. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner. However, he has conceded that the victim has committed suicide in her parental home.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of

Patna High Court CR. MISC. No.21058 of 2023(2) dt.19-05-2023 3/3 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 197 of 2022.

(Sunil Dutta Mishra, J) P. Kumar U T