Dipak Kumar Shah @ Deepak Kumar Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55487 of 2023 Arising Out of PS. Case No.-335 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Dipak Kumar Shah @ Deepak Kumar Shah S/O Sudama Sah Resident Of Vill-Babhangawa P.S.-Barhara (Krishnagarh), Dist-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad For the Informant :

Mr. Raju Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B and 34 of the Indian Penal Code.

3. It is a case of dowry death of the informant's daughter 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 the husband of the deceased due to which he has falsely been implicated in this case. It is further submitted that there is no prior complaint in respect of dowry demand, harassment and cruelty. It is also submitted from para-9 of this

Patna High Court CR. MISC. No.55487 of 2023(3) dt.29-11-2023 2/2 petition that the deceased has committed suicide due to poverty. No any consistent evidence has found against the petitioner. 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 14.07.2022.

5. Learned APP appearing for the state and learned counsel for the informant have 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 in connection with Barhara(Krishnagarh) P.S. Case No. 335 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 CJM, Bhojpur at Ara.

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