Patna High CourtCR. MISC./40658/2024bail granted

Rahul Kumar @ Ranu Kumar v. The State Of Bihar

2024-08-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40658 of 2024 Arising Out of PS. Case No.-541 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Rahul Kumar @ Ranu Kumar S/O Jogi Sah R/O VILLAGE- MAHANGUA, P.S.- MUFFASIL, DIST- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 541 of 2023 dated 30.07.2023 registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons along with 5-10 unknown miscreants are alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of jewellery and motorcycle as dowry and the dead body of the deceased was cremated by the accused persons.

Patna High Court CR. MISC. No.40658 of 2024(3) dt.08-08-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. As per Letter No. 09 dated 11.07.2024 issued by the court below, the charge has not been framed against the accused person till date. Learned counsel for the petitioner has further submitted that the allegation against the petitioner is general and omnibus in nature. The petitioner is the husband of the deceased and he has no concern with the alleged offence. The petitioner neither demanded any dowry nor tortured the informant's daughter. The co-accused persons have been granted anticipatory bail by this Court vide order dated 15.01.2024 in Cr. Misc. No. 78002 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.09.2023.

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

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 Chief Judicial

Patna High Court CR. MISC. No.40658 of 2024(3) dt.08-08-2024 3/3 Magistrate, East Champaran, Motihari in connection with Muffasil P.S. Case No. 541 of 2023, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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