Vimal Prakash @ Chunnu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49102 of 2024 Arising Out of PS. Case No.-100 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== Vimal Prakash @ Chunnu son of Rajendra Prsad Singh Village- Barailichak Ps- Haspura Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate Mr. Ajay Kumar Sinha For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-08-2024 Heard the learned senior counsel for the petitioner and the learned APP for the State.
2. A office copy of the supplementary affidavit is kept on record as the main copy has not been brought on record by the office.
3. Earlier the bail application of the petitioner was rejected vide order dated 13.12.2023 in Cr. Misc. No. 67155 of 2023.
4. This is the second attempt of the petitioner. The petitioner seeks bail in connection with Haspura P.S. Case No. 100 of 2023 registered for the offence under Sections 304B, 201/34 of the Indian Penal Code.
5. As per the prosecution case, due to non-fullfilment
Patna High Court CR. MISC. No.49102 of 2024(2) dt.31-08-2024 2/3 of demand of dowry, the deceased has been killed.
6. Learned senior counsel for the petitioner has submitted that there is no material to support the allegation and the deceased has committed suicide. Petitioner is in jail since 06.04.2023.
7. The learned senior counsel for the petitioner; Shri Krishna Prasad Singh has relied upon the statement made in paragraph no. 02 and 03 of the supplementary affidavit.
8. The Paragraph No. 02 and 03 of the supplementary affidavit reads as follows:- "2. That it is specifically asserted that the two daughters of the petitioner are residing in the house of their grand father and mother and attending their school.
3. That the elder daughter namely Shreya Singh is studding in Class-4 in U.K.G. in the private school, Gayan Gaurav Mission School Shuk Bazar, Daudnagar Aurangabad (Bihar). Her school fees has been issued for the month of April to May of Rs. 7400/- which had already been paid."
9. Learned APP for State has vehemently opposed the prayer for bail.
10. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.
11. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.49102 of 2024(2) dt.31-08-2024 3/3 bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned A.D.J.-III, Aurangabad/concerned Court below in connection with Haspura P.S. Case No. 100 of 2023 subject to condition that:- (i). The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed through personally or through his lawyer.
(Sandeep Kumar, J) Shishir/- U T