Patna High CourtCR. MISC./49021/2024allowed

Mukesh Kumar v. The State Of Bihar

2024-08-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49021 of 2024 Arising Out of PS. Case No.-340 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Mukesh Kumar S/O Devilal Rai R/O Village- Mukundpur Mahua, P.SMahua, Distt.- Vaishali (BIHAR). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have killed the daughter of the informant due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that charges have been framed

Patna High Court CR. MISC. No.49021 of 2024(2) dt.07-08-2024 2/2 against the petitioner, but none of the witnesses were examined. The petitioner has no criminal antecedent and has been languishing in custody since 08.06.2023.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid and the custody of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mahua P.S. Case No. 340 of 2023.

7. However, petitioner is directed to co-operate in the trial. If the petitioner will not appear on two consecutive dates then the learned Court below shall be at liberty to cancel the bail bond of the petitioner.

(Anjani Kumar Sharan, J) anand/- U