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Patna High CourtCR. MISC./24885/2024allowed

Jitendra Kumar @ Jitendra Rai v. The State Of Bihar

2024-07-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24885 of 2024 Arising Out of PS. Case No.-404 Year-2022 Thana- BHELDI District- Saran ====================================================== Jitendra Kumar @ Jitendra Rai S/o Jaipal Ray @ Japal Ray Resident of Village- Katsa Siswajan, P.S. Bheldi, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 304(B), 201, 34 of the IPC.

3.

As per the prosecution case, the petitioner along with his family members killed the daughter of informant on the pretext of non-fulfillment of demand for dowry.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case only because he is the husband of the deceased. There is general and omnibus allegation against the petitioner. There is no specific overt act against the petitioner. Petitioner is in judicial

Patna High Court CR. MISC. No.24885 of 2024(5) dt.26-07-2024 2/2 custody since 01.09.2023 and charges have already been framed against him. There is no allegation against the petitioner to tamper the evidence. The petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Bheldi P.S. Case No.404 of 2022.

7.

However, the petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Anjani Kumar Sharan, J) shikha/- U T