Sunil Rai @ Sunil Kumar @ Sumil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55272 of 2023 Arising Out of PS. Case No.-308 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Sunil Rai @ Sunil Kumar @ Sumil Kumar Son Of Bisheshwar Rai Resident Of Village - Basuilya, Tola, Ward No.15, P.S. - Bachhwara, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kiran Kumari Sharma For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 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 304(B), 201 and 34 of the Indian Penal Code.

3. It is case of dowry death 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 husband of the deceased due to which he has falsely been implicated in this case. There is no eye witness of the alleged occurrence rather only hearsay witness are there. It is further submitted from para-11 of this petition that he has no

Patna High Court CR. MISC. No.55272 of 2023(4) dt.28-11-2023 2/2 concern with the alleged occurrence as he went to Hyderabad for labour work after 10 to 11 days of his marriage. Nothing specific allegation has been levelled against him. 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 20.12.2022.

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 after framing of charge if the charge is not framed in connection with Bachhwara P.S. Case No. 308 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai. (Sunil Kumar Panwar, J) Shubham/- U T