Patna High CourtCR. MISC./53579/2023allowed

Rupesh Kumar v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53579 of 2023 Arising Out of PS. Case No.-264 Year-2022 Thana- ROH District- Nawada ====================================================== Rupesh Kumar Son Of Late Nande Lal Singh Resident Of Village - Samhari Garh, P.S. - Roh, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he committed murder of the informant's sister with the help of his family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is the husband of the deceased due to which he has falsely been implicated in this case. There is no prior complaint in respect of harassment and dowry demand from the deceased. It is further submitted from para-11 of this petition that the deceased was

Patna High Court CR. MISC. No.53579 of 2023(3) dt.31-10-2023 2/2 mentally ill and while she was alone in the house, she committed suicide by hanging herself. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Roh P.S. Case No. 264 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nawada. (Sunil Kumar Panwar, J) Shubham/- U T