Binod Rajbansi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58730 of 2022 Arising Out of PS. Case No.-96 Year-2009 Thana- NARHATT District- Nawada ====================================================== BINOD RAJBANSI Son of Rajo Rajbansi R/V- Baniyan Bigha P,.S- Narhat, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sidhendra Narayan Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 498-A, 306/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the due to nonfulfillment of motorcycle as dowry demand and ultimately she was being killed by throttling.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. He has never demanded any thing from the deceased. Prior to the alleged incident, there is no complain in respect of torture or harassment by anyone at her

Patna High Court CR. MISC. No.58730 of 2022(8) dt.29-08-2023 2/2 matrimonial home. It has been brought on record by the petitioner that petitioner has not solemnized another marriage. It is further submitted that in para 3 of the second supplementary it is mentioned that informant and witness no. 5 (uncle of deceased) have adduced on oath in trial and have given full clean chit to petitioner saying that their daughter /niece was mentally dull and she fell down in well and died. Petitioner has got no criminal antecedent and languishing in judicial custody since 28.3.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 9th, Nawada in connection with Narhat P.S. Case No. 96 of 2009.

(Sunil Kumar Panwar, J) sushma/-