Patna High CourtCR. MISC./34835/2024bail granted

Rohit Kumar v. The State Of Bihar

2024-06-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34835 of 2024 Arising Out of PS. Case No.-3 Year-2023 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Rohit Kumar SON OF SURESH RAY VILLAGE- GADHSIASI, P.S.- VIDYAPATI NAGAR, DIST-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Vidyapati Nagar P.S. Case No. 03 of 2023 corresponding to S.T. No. 542 of 2023 dated 12.01.2023 registered for the offences u/s 304B read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have hanged the daughter of the informant to death after wrapping her Saree around her neck due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the petitioner

Patna High Court CR. MISC. No.34835 of 2024(2) dt.27-06-2024 2/2 neither demanded any dowry nor tortured the deceased. There is general and omnibus allegation against the petitioner. Charge-sheet has already been submitted against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.02.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased. The regular bail application of the petitioner has already been rejected by this Court vide order dated 16.08.2023 passed in Cr. Misc. No. 50375 of 2023.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Vidyapati Nagar P.S. Case No. 03 of 2023 corresponding to S.T. No. 542 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T