Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49185 of 2023 Arising Out of PS. Case No.-289 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== VICKY KUMAR Son of Uma Shankar Mishra Resident of village - Manpura, P.S. - Kanti (Panapur O.P.), Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. According to the prosecution case, it is a case of dowry death of sister of the informant due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. It is also submitted vide para 12 & 13 of the petition that although the petitioner was participated in cremation of the deceased but he was not present at the time of

Patna High Court CR. MISC. No.49185 of 2023(4) dt.11-10-2023 2/2 occurrence. Independent witnesses of the case have stated the victim herself committed suicide on the alleged date of occurrence only sister-in-law of the deceased was present at house. No prior complaint has been made against the petitioner regarding demand of dowry or torturing the deceased. No one is eye witness of the alleged occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 9.5.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with kanti (Panapur) P.S. Case No. 289 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 19th, Muaffarpur.

(Sunil Kumar Panwar, J) Amandeep/- U T