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Patna High CourtCR. MISC./46825/2024bail granted

Rahul Kumar Choubey v. The State Of Bihar

2024-07-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46825 of 2024 Arising Out of PS. Case No.-217 Year-2022 Thana- SINGHWARA District- Darbhanga ====================================================== Rahul Kumar Choubey S/O Sri Ranjeet Choubey @ Ranjeet Kumar Choubey R/O -village Rampura, P.S.- singhwara, district- darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Adv For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2024 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 Singhwara P.S. Case No. 217 of 2022 dated 07.10.2022 registered for the offences punishable u/s 304B read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant's daughter and killed her due to non-fulfillment of demand of four-wheeler as dowry.

Patna High Court CR. MISC. No.46825 of 2024(2) dt.25-07-2024 2/3

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 husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. From the F.I.R. it is clear that this is a case of suicide hence, no case is made out against the petitioner. There is no evidence of cruelty and harassment against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.04.2023.

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 as the nature of allegation levelled against the petitioner 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, Darbhanga, in connection with Singhwara P.S. Case No. 217 of 2022, with a condition/s:- (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 cancelled.

Patna High Court CR. MISC. No.46825 of 2024(2) dt.25-07-2024 3/3

7. The application stands allowed.

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