Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22491 of 2022 Arising Out of PS. Case No.-135 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== PAPPU KUMAR Son of Late- Mistra Kumar Resident of Village - Ramur Purvi, P.S. - Sitamarhi, Dist.- Sitamarhi, At present Primary Health Centre, New Kothi, P.S.-New Kothi, Distt.- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Mr. Madhav Raj, Adv.

Ms. Priyanka Singh, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP For the informant : Mr. Ravi Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-09-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under sections 498A, 307 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act to which sections 304B & 306 of the Indian Penal Code was added subsequently.

As per the prosecution case the daughter of the informant was done to death by the accused persons including the petitioner herein who happens to the husband of the deceased.

Patna High Court CR. MISC. No.22491 of 2022(5) dt.14-09-2022 2/3 It is submitted by learned Senior counsel appearing for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 29.11.2021 (Annexure-1) passed in Cr. Misc. no. 24900 of 2021. The petitioner has been falsely implicated in the case only because of his being the husband of the deceased. On an attempt to suicide it was he who took his wife to the hospital and gave information to his in-laws, however his wife succumbed to her injuries on 12.9.2020. The petitioner is in custody since 14.9.2020.

Heard learned A.P.P. for the State.

From the report received from the learned Court below as contained in letter dated 29.7.2022 of the learned Additional District Judge-IX, Begusarai, one witness has been examined on behalf of the prosecution.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the charge having been framed besides other sections also under section 306 of the Indian Penal Code together with the petitioner having remained in custody for two years since 14.9.2020, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no. 316 of 2021 (arising out of Nawkothi P.S. Case no. 135 of 2020) on furnishing bail bond of Rs.10,000/

Patna High Court CR. MISC. No.22491 of 2022(5) dt.14-09-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IX, Begusarai.

(Partha Sarthy, J) Bibhash/- U