Kishan Goswami @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49794 of 2023 Arising Out of PS. Case No.-237 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== Kishan Goswami @ Golu Son Of Birju Goswami Resident Of MohallaMandal Nagar, Janki Asthan, Ward No.5, Ps- Sitamarhi, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal :

Mr.Pushpendra Kumar Singh :

Mrs. Divya Bharti For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 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 section 304B, 34 of the Indian Penal Code.

3. As per FIR, informant alleged that the petitioner and co-accused persons committed murder of her daughter due to non-fulfillment of dowry demand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this present case. The informant is not an eye witness of the

Patna High Court CR. MISC. No.49794 of 2023(4) dt.05-12-2023 2/2 alleged occurrence. The deceased committed suicide due to family dispute. It is further submitted that during investigation, no consistent material has been collected against the petitioner. The petitioner is languishing in judicial custody since 01.10.2021. From perusal of the progress report submitted by the trial Court that case is fixed for appearance of other co-accused persons.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sitamarhi P.S. Case No. 237 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi. (Sunil Kumar Panwar, J) Manishkr/- U T