Patna High CourtCR. MISC./44395/2024bail granted

Ajit Kumar v. The State Of Bihar

2024-06-27Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44395 of 2024 Arising Out of PS. Case No.-423 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Ajit Kumar R/O Mohan Prasad R/O Village- Machuwa Toli Machhali Market, PS- Kadamkuan,Distt-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satrudhan Kumar, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kadamkuan P.S. case No. 423 of 2023 instituted for the offences under Sections 304B/34 of the Indian Penal Code.

3. Prosecution case, in short, is that, in February 2023, the informant had solemnized the marriage of her daughter with Amit Kumar. After marriage, his daughter complained that her in-laws used to demand dowry from her and torture her. On 15.07.2023, the informant got information that his daughter was done to death. The informant suspects that his daughter was killed by her husband and in-laws for the non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.44395 of 2024(2) dt.27-06-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel for the petitioner referring to paragraph no.8 of the present bail application submitted that the main accused of the case, i.e. Veena Devi, Mohan Prasad, Amit Kumar (husband of the victim) have been acquitted by the learned Court below. Learned counsel for the petitioner submitted that petitioner has got no concern wit the allege occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.03.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner coupled with the fact that the main accused of the present case including the husband of the victim has already been acquitted, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.44395 of 2024(2) dt.27-06-2024 3/3 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 Kadamkuan P.S. case No. 423 of 2023, 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) Alok Verma/- U T