Birendra Prasad @ Birind Jee @ Brinid Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48537 of 2023 Arising Out of PS. Case No.-353 Year-2022 Thana- HILSA District- Nalanda ====================================================== BIRENDRA PRASAD @ BIRIND JEE @ BRINID JEE, Son of Late Shivpujan Prasad Resident of Village-Naugadh, P.S.-Hilsa, District-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Hilsa P.S. Case No. 353 of 2022 dated 18.05.2022 registered for the offences punishable u/s 304B read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have murdered the daughter of the informant due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.48537 of 2023(2) dt.08-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner neither demanded any dowry nor tortured the informant's daughter. Learned counsel has further submitted that the petitioner is the father-in-law of the deceased and he has no concern with the alleged offence. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.11.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 353 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T