Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50241 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- JAMUI District- Jamui ====================================================== Rajesh Kumar S/O Late Devendra Mahto Resident Of Village-Kakan, P.S. And Dist.-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 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, 120B and 201 of the Indian Penal Code.

3. It is a case of dowry death of the informant's daughter 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 the husband of the deceased due to which he has falsely been implicated in this case. It is further submitted that the marriage of the petitioner with the deceased occurred seven years ago and as such this case cannot be come under the purview of Section 304B of the IPC. It is also submitted from

Patna High Court CR. MISC. No.50241 of 2023(4) dt.29-11-2023 2/2 para-10 of this petition that the deceased committed suicide by taking pills of sulphas, though she did not inform anyone about the said occurrence. Petitioner being husband of the deceased immediately took her for treatment before the local hospital but could not survive and died. He along with his family members remained present in the hospital and also in her cremation. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.05.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jamui P.S. Case No. 257 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 C.J.M., Jamui.

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