Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60811 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Kundan Kumar, Son of Ram Babu Singh, Resident of Village- Ramdauli, Police Station- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Dilip Kumar Singh, Advocate Mr. Kumar Rajdeep, Advocate For the Informant :

Mr. Lal Babu Singh, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 45 of 2024 for the offence registered under Sections 304B/34 of the I.P.C. and Section 3/4 of the D.P. Act.

3. Allegation against the petitioner is that due to nonfulfillment of demand of dowry, the petitioner along with the other co-accused persons under conspiracy killed the daughter of the informant.

4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case being the husband of the deceased. He further

Patna High Court CR. MISC. No.60811 of 2024(4) dt.29-11-2024 2/2 submits that the petitioner is a feeble minded person and the victim had no liking for him due to which she herself committed suicide. Petitioner has never demanded any dowry nor tortured her. As per the post-mortem report, the cause of death is opined as Asphyxia due to hanging. He further submits that save and except suspicion there is no material against the petitioner. Petitioner has no criminal antecedent, and he is in jail custody since 18.04.2024. Charge has already been framed in this case and the petitioner undertakes to cooperate in the trial of this case.

5. Learned counsel appearing on behalf of the informant as well as the State oppose the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Bidupur P.S. Case No. 45 of 2024. (Sunil Dutta Mishra, J) khushbu/- U