Patna High CourtCR. MISC./38986/2023allowed

Vijay Rai v. The State Of Bihar

2023-10-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38986 of 2023 Arising Out of PS. Case No.-699 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vijay Rai Son Of Late Rajeshwar Rai Resident Of Village - Akilabad, P.S. - Sadar Hajipur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 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 302, 201 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with his family members is that they committed murder of the informant's sister due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the informant's sister due to which he has falsely been implicated in this case. There is no prior complaint in respect of dowry demand and cruelty. Neither any eye witness of the alleged occurrence nor any consistent

Patna High Court CR. MISC. No.38986 of 2023(4) dt.03-10-2023 2/2 material has come against the petitioner. The petitioner is having three children out of the said wedlock. Only on the basis of suspicion, he has been dragged in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 27.04.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 699 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur. (Sunil Kumar Panwar, J) Shubham/- U T