Bhuneshwar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30553 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== Bhuneshwar Thakur S/O- Late Baidyanath Thakur Village- Nakta, PsMotipur, Dist- Muzaffarpur, Bihar ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Preety Kunwar, Advocate For the Opposite Party/s :
Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Motipur P.S. Case No. 340 of 2022, registered for the offences punishable under Sections 304 (B), 34 of the Indian Penal Code. As per the case of the prosecution, all the named accused persons including this petitioner have tortured the daughter (deceased) of the informant for non-fulfillment of the demand of dowry.
Learned counsel for the petitioner submits that petitioner is the father-in-law of the deceased and he has falsely been implicated in this case. Informant or the deceased had never lodged any complaint against the petitioner for dowrytorture and the allegation made in FIR is after thought. Except
Patna High Court CR. MISC. No.30553 of 2023(2) dt.13-06-2023 2/2 suspicion, there is no material evidence against the petitioner. Informant is not the eye witness. Further, it is submitted that petitioner is aged above 60 years having no criminal antecedent and he is in jail custody since 14.02.2023.
Learned APP for the State has opposed the prayer for regular bail of the petitioner.
Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Learned Additional Chief Judicial Magistrate. 2nd Muzaffarpur (west) or successor court in connection with Motipur P.S. case No. 340 of 2022.
(Sunil Dutta Mishra, J) ashutosh/- U T