Patna High CourtCR. MISC./43767/2023bail granted

Bikash Prajapati @ Bikash Kumar Prajapati @ Bikash Kumar v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43767 of 2023 Arising Out of PS. Case No.-250 Year-2022 Thana- SHIVSAGAR District- Rohtas ====================================================== BIKASH PRAJAPATI @ BIKASH KUMAR PRAJAPATI @ BIKASH KUMAR SON OF MANOJ PRAJAPATI VILLAGE WARD NO 13 SHEOSAGAR PS SHIVSAGAR DISTRICT ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023

1. 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 Shivsagar P.S. Case No. 250 of 2022 dated 10.6.2022, G.R. No. 1068 of 2022 registered for the offence punishable u/s 304B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the daughter of the informant by hanging her due to non-fulfilment of demand of dowry.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43767 of 2023(2) dt.27-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is the husband of the deceased. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.6.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and he has been in custody for over one year.

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, Rohtas at Sasaram in connection with Shivsagar P.S. Case No. 250 of 2022, G.R. No. 1068 of 2022.

8. The application stands allowed.

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