Patna High CourtCR. MISC./23805/2022allowed

Ankit Kumar v. The State Of Bihar

2023-01-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23805 of 2022 Arising Out of PS. Case No.-467 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== Ankit Kumar Son Of Sunil Yadav R/O Village- Arria, P.S.- Parbatta (Maraiya), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nand Singh, Advocate For the State :

Mr. Anuj Kumar Shrivastava, APP For the Informant :

Mr. Pankaj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner, learned counsel for the State and perused the case diary. The petitioner is in custody in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Allegedly, it is a case of dowry death due to nonfulfilment of dowry demand by in-laws of the deceased. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that deceased was a lady of weak mental condition and she herself committed suicide by hanging and the cause of death is asphyxia by hanging. There is no prior complaint in respect of demand of dowry and harassment against the petitioner.

Patna High Court CR. MISC. No.23805 of 2022(3) dt.03-01-2023 2/2 Petitioner is in judicial custody since 23.11.2021. Learned APP appearing for the State has opposed the prayer for regular bail and submitted that the petitioner is the husband of the deceased and who is fully responsible in respect of commission of this offence.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Khagaria in connection with Parbatta P.S. Case No. 467 of 2021. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T