Patna High CourtCR. MISC./44235/2024bail granted

Parmeshwar Kumar v. The State Of Bihar

2024-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44235 of 2024 Arising Out of PS. Case No.-64 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== Parmeshwar Kumar S/o Late Hari Shankar Thakur @ Late Hari Shankar Sharma R/o Village - Malahi tola Nahar Chowk,PS - Bairiya Distt West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

Mr.Sachida Nand Rai, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bairiya P.S. Case No. 64 of 2023 dated 11.03.2023 registered for the offences punishable u/s 302, 304B, 328, 201 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the informant's daughter by administering poison to her due to nonfulfillment of demand of a motorcycle and Rs. 1,00,000/- as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the brother-in-law of the deceased and he has no concern with the alleged offence. There is general and

Patna High Court CR. MISC. No.44235 of 2024(2) dt.20-07-2024 2/2 omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the informant's daughter. It is further submitted that the husband of the deceased is already in jail custody. The co-accused person has already been granted regular bail by this court vide order dated 29.04.2024 passed in Cr. Misc. No. 29652 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well the nature of allegation and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 64 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T