Brij Bihari Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49331 of 2023 Arising Out of PS. Case No.-655 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== Brij Bihari Gond Son Of Late Baleshwar Gond R/O Vill.-Pandeypur, P.S.- Brahampur, Dist.-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B) and 34 of the Indian Penal Code.

It is case of dowry death of the informant's daughter due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is father-in-law of the deceased due to which he has falsely been implicated in this case. It is further submitted that he has no concern with mess and business of the deceased as well as from her husband. There is no consistent evidence against the petitioner. A statement has been made in para-3 of

Patna High Court CR. MISC. No.49331 of 2023(3) dt.11-08-2023 2/2 this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.09.2022. Similarly situated other co-accused persons have already been granted bail vide Annexure-2 of this petition. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Brahampur P.S. Case No. 655 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 Chief Judicial Magistrate, Buxar. (Sunil Kumar Panwar, J) shubham/- U T