Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44108 of 2025 Arising Out of PS. Case No.-518 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Rahul Kumar S/o Ramanand Ray Vill.- Chaklalshahi, PS- Tajpur (Halai O.P.), Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prince Kumar Mishra, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tajpur (Halai O.P) P.S. Case No. 518 of 2022 instituted for the offences under Sections 304B, 34 of the Indian Penal Code.

3. Earlier vide orders dated 05.12.2023 and 20.11.2024 passed in Cr. Misc. No. 55059 of 2023 and Cr. Misc. No. 70449 of 2024 respectively, the prayer for grant of bail to the petitioner was rejected twice.

4. Prosecution case, in short, is that the petitioner along with the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner mainly submitted

Patna High Court CR. MISC. No.44108 of 2025(2) dt.01-07-2025 2/3 that the petitioner has been languishing in jail since 16.05.2023 and there is no significant progress in the trial. Learned counsel further submitted that case is pending for recording of evidence of investigating officer and doctor for the last several months. Learned counsel further submitted that for the last more than six months, not a single witness has been examined and there is no likelihood of conclusion of trial in near future and therefore, petitioner may be released on bail. Learned counsel further submitted that there is general and omnibus allegation against the petitioner. Learned counsel further submitted that deceased died natural death and he never tortured or killed the deceased and never demanded any dowry. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, there being no significant progress in the trial as also the long incarceration of the petitioner, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.44108 of 2025(2) dt.01-07-2025 3/3 below/concerned Court in connection with Tajpur (Halai O.P) P.S. Case No. 518 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T