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Patna High CourtCR. MISC./52058/2023allowed

Bablu Singh @ Bablu Kumar v. The State Of Bihar

2023-10-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52058 of 2023 Arising Out of PS. Case No.-125 Year-2008 Thana- BARHIYA District- Lakhisarai ====================================================== Bablu Singh @ Bablu Kumar Son Of Ram Tapasya Singh Resident Of Village - Ramcharan Tola, P.S. - Barahiya, Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 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, 201 and 34 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. Petitioner is the husband of the deceased due to which he has falsely been implicated in this case. Nothing specific allegation has been levelled against him. It is further submitted from para-11 of this petition that the real fact is that the death of the deceased is caused due to bites of poisonous creature. The petitioner and family members sent a person to inform the informant about the

Patna High Court CR. MISC. No.52058 of 2023(4) dt.30-10-2023 2/2 said news so that informant and his family members may come to see the dead body of his daughter but none of them has come and as per the tradition, the dead body of the deceased had flown in the Ganga river. From para-14 of this petition, the matter has been compromised between the parties and informant does want to contest the case. 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 18.05.2023.

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 Barahiya P.S. Case No. 125 of 2008 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Lakhisarai.

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