Patna High CourtCR. MISC./48397/2023allowed

Vikash Kumar Das v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48397 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- SUIYA District- Banka ====================================================== VIKASH KUMAR DAS Son of Late Garbhu Das Resident of Village - Sautari, P.S. - Suiya, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 304(B) of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the daughter of the informant, due to nonfulfillment of further dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner. He submitted that the deceased herself

Patna High Court CR. MISC. No.48397 of 2023(3) dt.04-09-2023 2/2 committed suicide by hanging herself in petty dispute with her husband (petitioner) non demanding him to go with replied in laws house but her husband went there by not allowing her wishers, which comes annoyance to the accused and resulted by committed suicide by hanging herself. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 27.01.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Suiya P.S. Case No. 09 of 2023.

(Sunil Kumar Panwar, J) arish/- U