Arjun Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39397 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- HATHUA District- Gopalganj ====================================================== Arjun Thakur Son Of Fulena Thakur Resident Of Village - Bari Deoria, P.S. - Hathua, District - Gopalganj, Bihar-841436 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akshay Ashish, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Hathua P.S. Case No. 10 of 2024 instituted for the offence under Sections 304(B) & 201 of the Indian Penal Code. 3.

Prosecution case in a nutshell is that daughter of the informant was done to death at her matrimonial house due to non-fulfillment of the demand for dowry by her in-laws. It is also alleged that in order to disappear the evidence, accused persons, including the petitioner have cremated the dead body of the deceased.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-01-2024. Petitioner is a

Patna High Court CR. MISC. No.39397 of 2024(4) dt.22-10-2024 2/3 man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the father-in-law of the deceased. Petitioner was separate with the deceased and her husband in mess and property. Learned counsel next submits that there is general and omnibus allegation levelled against the petitioner. There is no eye-witness to the occurrence.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted by referring to paragraph No. 54 of the case diary that police after investigation has submitted charge sheet under Section 304B & 201 of the IPC against accused persons, including the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hathua P.S.

Patna High Court CR. MISC. No.39397 of 2024(4) dt.22-10-2024 3/3 Case No. 10 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T