Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37825 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- SIKRAUL District- Buxar ====================================================== Dhiraj Kumar S/o Nirmal Sah Resident of Village- Balahari, P.S.- Sikraul, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Sikraul P.S. Case No. 24 of 2022 lodged under Sections 304(B)/34 of the I.P.C.

As per the prosecution case, the marriage of informant's sister solemnized with the petitioner in the year 2021. It has alleged that the in-law's family of the informant's sister started torturing for demand of dowry and they also started threatening for consequences. It has been stated that on 04.03.2022, informant received information and reached at the house of her sister and seen that his sister was found dead in her

Patna High Court CR. MISC. No.37825 of 2022(3) dt.04-11-2022 2/3 room.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that case diary has been called for in this case and from the case diary, it transpires that the petitioner's husband was not residing at the place of occurrence rather he was started working in another State that is Panipat and at the time of occurrence also, he was not present in the town. The independent witness of the village Sarpanch and other independent witnesses have stated that the room was closed and with the help of the villagers the door was broken in which the informant's sister was found dead. In the post-mortem also the death was caused by asphyxia due to hanging has been assigned by the doctor. Learned counsel further submits that it is true that it is a case under Section 304B. Petitioner is the husband and in custody since 21.05.2022 having clean antecedent. He submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be

Patna High Court CR. MISC. No.37825 of 2022(3) dt.04-11-2022 3/3 granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. at Buxar in connection with Sikraul P.S. Case No. 24 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T