Sunil @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53218 of 2023 Arising Out of PS. Case No.-366 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== Sunil @ Sunil Kumar, Son Of Brij Kishore Ram @ Nand Kishore Ram @ Shri Braj Kishore Ram, Village Hariharpur Purvi Tola Ps Pupri District Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeet Kumar, Advocate, For the Informant : Mr. Ashok Kumar Garg, Advocate For the State :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Pupri P.S. Case No. 366 of 2021 dated 06.11.2021 registered for the offences punishable u/ss 304B read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have strangulated the informant's daughter to death due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.53218 of 2023(2) dt.25-08-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is the brother -inlaw (devar) of the deceased and he has never demanded any dowry. The co-accused persons have already been granted bail by the Coordinate Bench of this court vide order dated 16.09.2022 passed in Cr. Misc. No. 35891 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.05.2023.

6. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Pupri, Sitamarhi in connection with Pupri P.S. Case No. 366 of 2021.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T