Rajesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47891 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- PURAINI District- Madhepura ====================================================== Rajesh Thakur Son Of Dinesh Thakur Resident Of Village- Dumrail, Ward No 04, Ps- Puraini, Distt- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. It is a case of commission of murder to the informant's daughter, namely, Kusum Kumari and her dead body was thrown in a nearby maize field. Informant has strong suspicion against the petitioner as marriage of deceased was fixed with the Manish Kumar and both are in talking terms. Due to demand of dowry, their marriage could not be solemnized and petitioner in connivance with other accused persons killed her.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion and in confessional statement of co-accused Manish

Patna High Court CR. MISC. No.47891 of 2023(3) dt.25-08-2023 2/2 Kumar, the name of the petitioner has come into light. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 28.07.2023 passed in Cr. Misc. No. 46666 of 2023. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 21.02.2023.

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, 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 Additional Sessions Judge 1st Madhepura in connection with Puraini P.S. Case No.40 of 2023.

(Sunil Kumar Panwar, J) sushma/- U