Rajak Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22277 of 2025 Arising Out of PS. Case No.-3 Year-2024 Thana- Banshi District- Arwal ====================================================== Rajak Raj Kumar S/o Ramdhyan Rajak R/o Village- Mali, P.S.- Banshi, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2025 Heard Mr. Anand Kishore Choudhary, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Banshi P.S. Case No. 03 of 2024 instituted for the offence under Sections 304(B), 201, 120(B) & 34 of the Indian Penal Code. 3.

Prosecution case in short is that the daughter of the informant married with the petitioner in April 2023 and she was subjected to dowry demands by her in-laws for items like a motorcycle and gold chain. Informant alleged that her daughter was poisoned to death by her in-laws, including the petitioner, though he was initially told that she was under treatment at Jahanabad Hospital. Later, he learnt her body had been secretly

Patna High Court CR. MISC. No.22277 of 2025(3) dt.03-07-2025 2/3 removed by Chandan Kumar in a Scorpio vehicle to conceal the death.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-01-2025. Petitioner bears no criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. Learned counsel for the petitioner submits that deceased had herself consumed poison. There is no specific allegation against the petitioner. There is contradiction in the statement of the witnesses regarding the cause of death. No injury was caused on the body of the deceased, which is evident from perusal of the postmortem report. It is lastly submitted that police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that witnesses have supported the prosecution case. Moreover, one co-accused person, namely, Chandan Kumar has confessed that he was requested to conceal the dead body by the

Patna High Court CR. MISC. No.22277 of 2025(3) dt.03-07-2025 3/3 petitioner and others.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation attributed to the petitioner and charge sheet is submitted in this case, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banshi P.S. Case No. 03 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T