Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 27898 of 2023 Arising Out of PS. Case No.-235 Year-2021 Thana- DINARA District- Rohtas ====================================================== SONU KUMAR S/O LAKSHUMAN SINGH R/O Village- Jamrodh, near Kali Mandir, P.S- Dinara, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Shankar Kumar, Advocate For the Opposite Party/s :

Mr Md Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No 80 of 2022 arising out of Dinara Police Station (for brevity, PS) Case No 235 of 2021 dated 01.12.2021 registered for the offence punishable under Sections 304B, 201, 120B/34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the co-

Patna High Court CR. MISC. No.27898 of 2023(2) dt.25-05-2023 2/3 accused persons are alleged to have committed murder of the daughter of informant due to non-fulfillment of demand of Rs 15,000/- as dowry.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner neither demanded dowry nor tortured the deceased. He bears clean antecedent as stated in paragraph 3 of the bail petition. There is general and omnibus allegation against the petitioner who is the husband of the deceased. He is in custody in this case since 09.12.2021.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case and the period of custody, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge XI, Rohtas at Sasaram in Sessions Trial No 80 of 2022 arising out of Dinara PS Case No 235 of 2021 dated 01.12.2021with the condition:

The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive

Patna High Court CR. MISC. No.27898 of 2023(2) dt.25-05-2023 3/3 dates without reasonable cause, his bail is liable to be cancelled.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T