Raj Kumar Akela @ Raju Patel @ Raju Kumar Akela v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31133 of 2023 Arising Out of PS. Case No.-21 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== Raj Kumar Akela @ Raju Patel @ Raju Kumar Akela Son Of Anil Patel @ Anil Kumar Akela Resident Of Mouna Mohan Nagar, P.S.- Chapra Town, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Advocate Ms. Priyanka Singh, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2023
1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Chapra Town P.S. Case no. 21 of 2020 registered under sections 304B and 34 of the Indian Penal Code.
3. The earlier application for bail of the petitioner was rejected vide order dated 16.1.2023 (Annexure-1) passed in Cr. Misc. no. 28616 of 2022.
4. As per the prosecution case, the daughter of the informant was married to the petitioner herein. The informant states that the accused persons including the petitioner tortured and assaulted his daughter for non-fulfillment of the
Patna High Court CR. MISC. No.31133 of 2023(4) dt.28-06-2023 2/3 demand of dowry to the tune of Rs.2 lakhs and a motorcycle. She was ultimately done to death.
5. Learned Senior counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case only on account of his being the husband of the deceased. No external injury was found in the postmortem examination report. The allegation of demand of dowry are false and concocted. He is in custody since 28.3.2022 and undertakes to cooperate in the trial.
6. Learned A.P.P opposing the prayer for bail submits that the petitioner is the husband of the deceased and that the Viscera report of the deceased was kept for forensic examination.
7. By order dated 17.5.2023, the chemical examination report was called for and the same has been received.
8. On perusal of the chemical analysis report dated 30.6.2022 issued under the signature of the Assistant Director, Regional Forensic Science Laboratory, Muzaffarpur, no Metallic, Alkaloidal, Glycosidal, Pesticidal and Volatile Poison could be detected. Further taking into consideration that no external injury was found in the postmortem report
Patna High Court CR. MISC. No.31133 of 2023(4) dt.28-06-2023 3/3 together with the petitioner having remained in custody since 28.3.2022, the petitioner is directed to be enlarged on bail in connection with Chapra Town P.S. Case no. 21 of 2020, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Saran at Chapra. (Partha Sarthy, J) Shiv/- U T