Patna High CourtCR. MISC./50678/2024bail granted

Deepak Kumar v. The State Of Bihar

2024-07-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50678 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- MOKAMAH District- Patna ====================================================== Deepak Kumar S/o Satish Rai @ Satish Ram R/O VILLAGE MORE ENGLISH, P.S. MOKAMAH, DISTRICT PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bandana Singh For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner seeks regular bail in a case registered for the offence punishable under section 304(B) of the Indian Penal Code.

3. As per the prosecution case, allegation against this petitioner is that he along with his other killed the daughter of the informant Nishu Kumari due to non-fulfillment of demand of dowry.

4. Learned counsel appearing for the petitioner submits that he has been made accused in this case only on the basis of suspicion. As a matter of fact, there was quarrel between the husband of the deceased and out of anger, she committed suicide. Charges were

Patna High Court CR. MISC. No.50678 of 2024(2) dt.12-07-2024 2/2 framed on 20.02.2024 and till date seven witnesses have been examined including the informant and his wife. None of the witnesses have supported the prosecution case and as such, there is no chance of conviction of the petitioner. Petitioner is in custody since 18.08.2023.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts of the case, period of custody and deposition of the seven witnesses not supported the prosecution case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on 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.C.J.M.-III, Barh, in Session Trial No. 08 of 2024, arising out of Mokama P.S. Case No. 107 of 2023. (Prabhat Kumar Singh, J) Ranjeet/- U T