Neeraj Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63656 of 2023 Arising Out of PS. Case No.-156 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== NEERAJ KUMAR @ NIRAJ KUMAR S/O DEVENDRA RAI R/O VILLAGE- NAGARGAWAN, P.S- RAGHOPUR, DISTT.- VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498A, 304B, 34 of the Indian Penal Code and Sections 3,4 of the Dowry Prohibition Act.

As per FIR, the allegation against the petitioner along with co-accused persons is that they due to nonfulfillment of dowry demand used to torture the informant/victim. It is further alleged that on 14.05.2022, in laws of the informant, silently opened the gas cylinder in kitchen and told her to prepare tea, when she entered in

Patna High Court CR. MISC. No.63656 of 2023(3) dt.07-02-2024 2/3 kitchen and lighted the match stick she caught fire and sustained burn injuries due to gas flame. Thereafter she was taken to hospital but during treatment she died due to burn injuries.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased and due to family dispute he has falsely been implicated in this case. The petitioner was not present at the time of occurrence and there is no specific allegation against him. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.03.2023. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Raghopur P.S. Case No. 156 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.63656 of 2023(3) dt.07-02-2024 3/3 learned Additional District and Sessions Judge-VII, Vaishali at Hajpur.

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