Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49704 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== PAWAN KUMAR S/o Dinesh Rai Resident of Village- Bangraha, P.S.- Vidyapati Nagar, District- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Zeyaul Hoda For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(B), 120(B)/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the daughter of the informant, due to nonfulfillment of further dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner and others. Petitioner is blessed with two

Patna High Court CR. MISC. No.49704 of 2022(6) dt.24-07-2023 2/2 children out of the deceased's wedlock. A supplementary affidavit has been filed on behalf of the petitioner by referring to the statement made in annexure-2 that the informant namely, Ganaur Rai, who is the informant of this case not supported the prosecution case and stated in his evidence before trial Court that there is no demand of money made by the petitioner and he did not harass/torture the deceased. It is also submitted by informant that good sense has been prevailed between the parties. He is languishing in judicial custody since 02.02.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Vidyapatinagar P.S. Case No. 04 of 2022.

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