Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42635 of 2023 Arising Out of PS. Case No.-26 Year-2021 Thana- SURYAGARHA District- Lakhisarai ====================================================== NITISH KUMAR S/o- LATE RAMBILASH MANDAL Village- Jakarpura (Jagdishpur), Ps- Surajgarha Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 304(B)/34 of the Indian Penal Code As per allegation in the FIR, petitioner is husband of the deceased and allegedly due to non-fulfillment of additional dowry demand ultimately she was being killed by hanging. 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 parents. Prior to the alleged incident, there is no complain in respect of torture or harassment made by husband or any member at her matrimonial home.

Patna High Court CR. MISC. No.42635 of 2023(5) dt.11-10-2023 2/2 During investigation, no consistent material has come to show his complicity. In fact, she committed suicide by hanging due to his chronic depression. Petitioner is languishing in judicial custody since 30.01.2021.

The application for bail is opposed by learned APP for the State.

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 of the like amount each to the satisfaction of the learned CJM, Lakhisarai in connection with Surjagarha P.S. Case No. 26 of 2021.

(Sunil Kumar Panwar, J) sushma2203/- U