Rohit Kumar @ Rohit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21624 of 2023 Arising Out of PS. Case No.-444 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Rohit Kumar @ Rohit, (M), aged about 25 years, S/o Nand Kishor Sah @ Nand Kishor, resident of village- Bahuara, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar No.1, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Bakhri (Parihar OP) PS Case No.444 of 2022 dated 29.12.2022, instituted for the offence punishable under Sections 302, 304B/34 of the Indian Penal Code.

3. The case of the prosecution is that sister of the informant was married to Ranjit on 24.01.2020. The husband of the deceased and his family members were demanding Bullet motorcycle and two lac cash as dowry and due to nonfulfillment of the same sister of the deceased was killed on 24.12.2022.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Four persons are named in

Patna High Court CR. MISC. No.21624 of 2023(2) dt.24-05-2023 2/2 the FIR. The petitioner is the younger brother of the husband of the deceased. Main allegation is against the husband of the deceased. There is nothing against the petitioner in the FIR. Petitioner is living separately from his brother after marriage and has no concern with the family affairs of his brother. Learned counsel for the petitioner further submitted that it has wrongly been recorded in the impugned order that the petitioner is the father of the main accused. There is no eye witness to the occurrence. Lastly, it is submitted that the petitioner is in custody since 9th February, 2023, having clean antecedents and charge-sheet has been submitted.

5. Learned APP has opposed the prayer for bail.

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 Chief Judicial Magistrate, Begusarai, in Bakhri (Parihar OP) PS Case No.444 of 2022. (Khatim Reza, J) J. Alam/- U T