Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45796 of 2023 Arising Out of PS. Case No.-336 Year-2022 Thana- DALSINGHSARAI District- Samastipur ====================================================== AMIT KUMAR Son of Bindeshwar Mahto R/o village-Ward No. 1, Bambaiya Harlal, Police Station-Dalsing Sarai, District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the daughter of the informant due to non-fulfillment additional dowry demand and ultimately she was being killed by the accused persons and they disappeared her dead body.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. He has never demanded any thing from the deceased or her family members. Prior to the

Patna High Court CR. MISC. No.45796 of 2023(4) dt.07-11-2023 2/3 alleged incident, there is no complain in respect of torture or harassment made by any one at her matrimonial home. In fact, daughter of the informant was in love with another boy, namely, Sahil @ Rocks and without giving information to anyone, she secretly fled away with him from her matrimonial home. Regarding missing of the deceased (wife), petitioner has given missing report to the concerned police station on 24.08.2022. Save and except suspicion, nothing has come against the petitioner to show his complicity in the present case. Petitioner has got no criminal antecedent and languishing in judicial custody since 2.09.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant that petitioner is husband of the informant's daughter and she is still traceless. As per progress report, case is pending for evidence of prosecution witnesses and the case is likely to be concluded in one year approximately.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

Patna High Court CR. MISC. No.45796 of 2023(4) dt.07-11-2023 3/3 of the like amount each to the satisfaction of the learned ADJIX, Samastipur in connection with Dalsignsarai PS Case No. 336 of 2022.

(Sunil Kumar Panwar, J) sushma/- U