Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35033 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- NIMACHANDPURA District- Begusarai ====================================================== RAJU KUMAR, Son of Shivbrat Poddar, Resident of Village- Nima, PSNeemachandpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 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 A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Neemachandpura P.S. Case No. 52 of 2023 dated 10.04.2023 registered for the offences punishable u/ss 304B, 302, 498A read with Section 34 of the Indian Penal Code and u/ss 3/4 of D.P. Act.

As per the prosecution case, the co-accused persons along with some unknown persons are alleged to have strangulated the informant's daughter to death due to non-

Patna High Court CR. MISC. No.35033 of 2023(2) dt.28-06-2023 2/3 fulfillment of demand of Rs. 5 lakhs and a cow as dowry and they disappeared her dead body which was recovered from the Bolero and it's driver Raju Kumar was apprehended. The husband of the deceased had illicit relationship with Shweta Kumari.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner has neither demanded any dowry nor tortured the informant's daughter rather there is specific allegation against the husband of the deceased along with others. Learned counsel has further submitted that the petitioner is only the driver of the said vehicle and he has no knowledge about the alleged occurrence. He is not the relative of the deceased. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.04.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, 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

Patna High Court CR. MISC. No.35033 of 2023(2) dt.28-06-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Neemachandpura P.S. Case No. 52 of 2023.

The application stands allowed.

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