Pancham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21362 of 2023 Arising Out of PS. Case No.-68 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== PANCHAM KUMAR Son of Manohar Yadav R/V- Mali, PS- Beldaur DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Beldaur P.S. Case No. 68 of 2022 dated 16.03.2022 registered for the offence punishable under Sections 364/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 15.07.2021 the informant's daughter (deceased) got married with Ritesh Kumar (brother of petitioner) and soon after the marriage, her husband along with her in-laws started demanding Rs. One lacs and a motorcycle as dowry. It is further alleged that on nonfulfillment of dowry demand, her in-laws physically assaulted the informant's daughter. On 12.03.2022, the daughter of

Patna High Court CR. MISC. No.21362 of 2023(2) dt.22-05-2023 2/3 informant informed him on phone that her in-laws were planning to kill her and next morning on 13.03.2022 her in-laws informed the informant that his daughter(deceased) ran away after drinking poison but she could not be found after search.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that husband of the deceased also filed a complaint case on 16.03.2022 which was registered on 21.11.2022 as Beldaur P.S. Case No. 247 of 2022 under Sections 364, 365, 346 and 120 (B) of the Indian Penal Code. It is submitted that petitioner is the younger brother of the husband of the victim. It is also submitted that the daughter of the informant has been kidnapped by one Vivek Sagar and other accused persons on 12.03.2022 at about 11 P.M. as she was having a love affair with Vivek Sagar before her marriage and it was not disclosed before the husband of the daughter of the informant and his family. In this contests a complaint bearing Complaint No. 236 of 2022 was filed on 16.023.20-22 by husband of the victim girl namely, Nitesh Kumar @ Ritesh Kumar before the Chief Judicial Magistrate and the same was registered as Beldaur P.S. Case No. 247 of 2022 on 21.11.2022. It is also submitted that the husband of the victim is already in

Patna High Court CR. MISC. No.21362 of 2023(2) dt.22-05-2023 3/3 judicial custody. The allegation against the petitioner is general and omnibus. Lastly, it has been submitted that the petitioner is in custody since 14.11.2022, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, khagaria in connection with Beldaur P.S. Case No. 68 of 2022.

(Khatim Reza, J) prabhat/- U T