Rajiv Kumar@ Bablu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33188 of 2024 Arising Out of PS. Case No.-241 Year-2017 Thana- LALGANJ District- Vaishali ====================================================== Rajiv Kumar@ Bablu Singh Son Of Sri Harendra Singh @ Late Harendra Prasad Singh Village- Kushadhe, P.S. -Lalganj, District -Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasant Vikas, Advocate Mr. Pranoy Kumar, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP For the Informant :
Mr. Alok Kumar Alok, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-07-2024 Heard Mr. Vasant Vikas, learned counsel for the Petitioner, Mr. Alok Kumar Alok, learned counsel for the informant and Mr. Md. Mushtaque Alam, learned APP for the State.
2. Petitioner seeks regular bail in connection with Session Trial No. 725 of 2023, arising out of Lalganj P.S. Case No. 241 of 2017 dated 06.10.2017 registered for the offences punishable under Section(s) 304B and 201 read with Section 34 of the Indian Penal Code.
3. Mr. Vasant Vikas, learned counsel appearing for the petitioner submits that he is the husband of the deceased, in fact, the petitioner's wife died of her illness and in this regard Annexure-2 is relevant. The marriage of the petitioner with the
Patna High Court CR. MISC. No.33188 of 2024(3) dt.26-07-2024 2/3 deceased took place in the year, 2011 and between the period from the marriage and till the death of the deceased, there was no complaint on the part of the deceased or her family members. It is further submitted that out of 8 prosecution evidences, 6 witnesses went hostile and during the trial the informant filed a petition (Annexure-4) revealing that he lodged the F.I.R. due to misconception showing the innocence of the petitioner. It is further submitted that petitioner has been languishing in judicial custody since 01.11.2023.
4. Mr. Md. Mushtaque Alam, learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Mr. Alok Kumar Alok, learned counsel appearing for the informant has opposed the prayer for bail of the petitioner and submitted that the petitioner is husband of the deceased and against him there is specific allegation and the instant matter relates to dowry death and body of the deceased was cremated without getting the postmortem.
6. Having regard to the above submissions and mainly considering the fact that most of the witnesses have been examined and six witnesses out of 8 prosecution evidences went hostile and during the trial, the informant retracted his earlier allegation made by him in the F.I.R. by filing a petition and also
Patna High Court CR. MISC. No.33188 of 2024(3) dt.26-07-2024 3/3 coupled with the stage of trial of the petitioner, let the petitioner named-above be enlarged on bail on furnishing of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Session Trial No. 725 of 2023, arising out of Lalganj P.S. Case No. 241 of 2017.
(Shailendra Singh, J) lata/- U T