Dinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28384 of 2024 Arising Out of PS. Case No.-158 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Dinku Kumar Son of Gopal Mahto Resident of Village - Parsauni Wazid, Police Station - Kalyanpur, District - East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections- 304(B)/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he and his family members committed dowry death of the deceased for non-fulfillment of demand of dowry. The petitioner is husband of the deceased. The marriage of the petitioner with the victim (deceased) was solemnized on 11.05.2022.

4. At the very outset, learned counsel for the petitioner has submitted that the material witnesses including the sister-inlaw, mother and brother of the deceased have not supported the prosecution case and they have turned hostile. At the time of

Patna High Court CR. MISC. No.28384 of 2024(5) dt.22-11-2024 2/2 argument, learned counsel for the petitioner has submitted the xerox copy of certified copy of depositions of PW-1 Anwat Mahto, who is brother of the deceased, PW-2 Lakhiya Devi mother of the deceased and PW-3 Sanju Devi PW-3 sister-inlaw of the deceased. All these three witnesses did not support the prosecution case and they have turned hostile.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 Additional Sessions Judge-13, East Champaran at Motihari in connection with Kalyanpur P.S. Case No. 158 of 2023 with condition that the petitioner will appear in the court below on each and every date fixed in the case and if, he fails to do so on two consecutive dates unless he is prevented by extremely adverse circumstances, the learned court below shall be at liberty to cancel the bail bonds of the petitioner. (Nawneet Kumar Pandey, J) Nirmal/- U T