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Patna High CourtCR. MISC./49682/2023bail granted

Ajay Prasad v. The State Of Bihar

2023-08-08Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49682 of 2023 Arising Out of PS. Case No.-543 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== AJAY PRASAD SON OF RAMJI PRASAD R/O-PANNAPUR NAYAKA TOLA, P.S.-HARSIDHI, DISTT.-EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-08-2023 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Harsidhi P.S. Case No.543 of 2022 registered for the offence under Sections 304B and 201/34 of the Indian Penal Code. 3.

The accused/petitioner is named in the F.I.R. and is in custody since 20.05.2023.

4.

The allegation against the petitioner is to cause death of the daughter of the informant along with other co-accused persons/family members, due to non-fulfillment of demand of dowry, as raised for cash of Rs. 3,00,000/- and a motorcycle.

Patna High Court CR. MISC. No.49682 of 2023(2) dt.08-08-2023 2/3 5.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is brother-in-law, where, thrust of allegation is available against husband of the deceased, who is in judicial custody. It is submitted that this petitioner is living separately, having no connection with daily and domestic affairs of deceased daughter of the informant and her husband. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. 6.

Learned APP appearing on behalf of the Staet, opposes the prayer of bail.

7.

Considering the facts and circumstances as mentioned above, as implication of this petitioner appearing being brother-in-law coupled with the fact that charge-sheet has already been submitted, where, petitioner is a man of clean antecedent and in custody since 20.05.2023, let the petitioner, above named, is directed to be released on bail in connection with Harsidhi P.S. Case No.543 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari/concerned court,

Patna High Court CR. MISC. No.49682 of 2023(2) dt.08-08-2023 3/3 subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T