Patna High CourtCR. MISC./43011/2023bail granted

Dhananjay Sah @ Dhananjay Kumar v. The State Of Bihar

2023-07-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43011 of 2023 Arising Out of PS. Case No.-244 Year-2021 Thana- DESARI District- Vaishali ====================================================== Dhananjay Sah @ Dhananjay Kumar S/O Amarnath Sah R/O VillageBajitpur, Ps. Desari, Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Desari P.S. Case No. 244 of 2021 dated 06.07.2021 registered for the offences punishable under Sections 304B and 201 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons is alleged to have committed murder of the daughter of the informant due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43011 of 2023(2) dt.21-07-2023 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner neither tortured nor demanded dowry. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.02.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner who is the husband of the deceased.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Vaishali at Hajipur in connection with Desari P.S. Case No. 244 of 2021, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

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

Patna High Court CR. MISC. No.43011 of 2023(2) dt.21-07-2023 3/3