Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49045 of 2024 Arising Out of PS. Case No.-243 Year-2022 Thana- SALIMPUR District- Patna ====================================================== Arjun Kumar S/o Gorelal Prasad Yadav @ Genalal Prasad Yadav R/o vill - Sundarpur, P.s. - Salimpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Miss Supriya Rani For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304B, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have killed the sister of the informant due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact the deceased Sarita Devi was seriously ill, when she came back to her sasural. She

Patna High Court CR. MISC. No.49045 of 2024(2) dt.07-08-2024 2/2 complained pain in her stomach. The deceased was treated by several doctors but unfortunately she died during the treatment. He submits that there is no eye-witness in the present case, the petitioner is the husband of the deceased, therefore, he has been made accused in the present case. The petitioner has no criminal antecedent and has been languishing in custody since 30.11.2022.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid and the custody of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Salimpur P.S. Case No. 243 of 2022.

7. However, the petitioner is directed to co-operate in the trial. If the petitioner will not appear on two consecutive dates then the learned Court below shall be at liberty to cancel the bail bond of the petitioner.

(Anjani Kumar Sharan, J) anand/- U T