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Patna High CourtCR. MISC./60913/2023allowed

Shyam Bihari Patel @ Shyam Bihari Raut v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60913 of 2023 Arising Out of PS. Case No.-355 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Shyam Bihari Patel @ Shyam Bihari Raut Son Of Prahlad Patel @ Prahlad Raut Resident Of Village- Raidhurwa, Ps- Manuapul Op, District -WEST Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code, however, charge-sheet has been submitted under Sections 306, 201, 34 of the Indian Penal Code. It is a case of commission of murder of the daughter of the informant by all her in-laws family members including the petitioner for non-fulfillment of dowry demand.

Patna High Court CR. MISC. No.60913 of 2023(3) dt.06-12-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the deceased. The marriage of the petitioner along with the deceased was performed ten years prior to the occurrence and during the entire period, no complaint was registered either by the deceased or her family members against the petitioner. The petitioner was blessed with two children and in the background of family feud, the deceased committed suicide. After investigation, the police submitted charge under Sections 306, 201, 34 of the Indian Penal Code. The petitioner is in custody since 08.06.2023. A statement has been made in para 3 of the petition that petitioner has clean antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and he was fully responsible for

Patna High Court CR. MISC. No.60913 of 2023(3) dt.06-12-2023 3/3 commission of suicide of the deceased.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 355 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T