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Patna High CourtCR. MISC./51854/2022allowed

Vikash Kumar @ Vikash Kumar Mahto v. The State Of Bihar

2023-02-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51854 of 2022 Arising Out of PS. Case No.-36 Year-2020 Thana- PARSAUNI District- Sitamarhi ====================================================== Vikash Kumar @ Vikash Kumar Mahto Son Of Bhulan Mahto Resident Of Village - Parshurampur, P.S.- Parsauni, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code. It is alleged that daughter of the informant has been killed by the petitioner and other family members for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the deceased and the deceased received burn injuries

Patna High Court CR. MISC. No.51854 of 2022(3) dt.14-02-2023 2/2 while she was cooking meal who was taken to the hospital where she had recorded her statement and did not allege the role of anyone in the occurrence. Accordingly, a U.D case was registered by the police. The informant is not the eye witness to the occurrence. Moreover, for the alleged occurrence of 14.05.2019, the F.I.R was lodged on 02.05.2020 without explaining the delay. The petitioner is languishing in custody since 28.06.2022.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Parsauni P.S. Case No. 36 of 2020.

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