Raj @ Sukesh Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34080 of 2024 Arising Out of PS. Case No.-308 Year-2023 Thana- KURTHA District- Jehanabad ====================================================== Raj @ Sukesh Raj Son of Satendra Prakash Resident of VillageMakhdumpur, P.S.- Kurtha, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 201, 34 of the Indian Penal Code.

3. It is a case of dowry death of the informant's sister by the petitioner (husband of the deceased) along with coaccused persons due to non-fulfillment of dowry demand of Rs. 5 lac and a X-Ray Machine. It is further alleged that the accused persons disposed off the dead body of informant's sister after killing her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has falsely been implicated in this case as he is husband of the deceased. No one is eye witness to the alleged

Patna High Court CR. MISC. No.34080 of 2024(4) dt.02-08-2024 2/2 occurrence. No any consistent evidence has come against the petitioner during investigation. There is also no any prior complaint against the petitioner regarding cruelty or demand of dowry from the deceased. The petitioner has got no criminal antecedent and languishing in judicial custody since 29.11.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. In pursuance to the direction of this Court, a report dated 22.7.2024 with regarding to present stage of trial has been received by which it is evident the the charge has not been framed against the petitioner till date.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Kurtha P.S. Case No. 308 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Arwal. (Sunil Kumar Panwar, J) Amandeep/- U T