Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57200 of 2022 Arising Out of PS. Case No.-206 Year-2020 Thana- MALSALAMI District- Patna ====================================================== Mukesh Kumar S/O Subodh Laheri @ Subodh Lahkar Resident Of Chhoti Nagla, Adarsh Colony (D), P.S.- Malsalami, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B) and 34 of the Indian Penal Code and the charge sheet has been submitted under Sections 302, 304(B) and 34 of the IPC. It is a case of dowry death due to non-fulfillment of dowry demand and this petitioner is said to be the husband of the deceased. It is further alleged as per FIR that due to illtreatment with her daughter, she died due to hanging. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the informant due to which he has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.57200 of 2022(5) dt.09-08-2023 2/3 there is no prior complaint in respect of dowry demand, torture and harassment as alleged in the FIR against the petitioner. It is also submitted from para-13 of this petition that the petitioner has not done anything as alleged in the FIR and he has been made scapegoat by the informant for his personal interest and a case of suicide has intentionally been given the shape of homicide. From perusal of the progress report submitted by the Trial Court, no progress of prosecution evidence in respect of conclusion of trial has been done till now. 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 01.09.2020.

Learned APP appearing for the state has 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 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 in connection with Malasalami P.S. Case No. 206 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.57200 of 2022(5) dt.09-08-2023 3/3 satisfaction of learned Additional Sessions Judge-III, Patna City.

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