Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62965 of 2024 Arising Out of PS. Case No.-348 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Dilip Kumar Son of Ram Prevesh Yadav R/V- Kodra, P.S.- Kusheshwar Asthan, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP For the Informant :

Mr. Nawal Kishor Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant. Perused the case diary.

2.

The petitioner seeks bail in connection with S.T. No. 60 of 2024 arising out of K. Asthan P.S. Case No. 348 of 2023 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

3.

Prosecution case in short is that sister of the informant had been killed by pressing her neck and thereafter, her hands and feet were tied with bricks and dead body was thrown in the river.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.62965 of 2024(4) dt.06-12-2024 2/3 that the petitioner is in custody since 25-11-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. There is general and omnibus allegation levelled against the petitioner. There is no specific allegation attributed to the petitioner. It is mainly submitted that deceased had gone herself with her child from the matrimonial house. Charge is also framed in this case on 23-102024. 6.

Learned A.P.P. for the State and learned counsel for the Informant have vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that witnesses have supported the prosecution case.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and there being no cogent material against the petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Court below/concerned Court in connection with S.T. No. 60

Patna High Court CR. MISC. No.62965 of 2024(4) dt.06-12-2024 3/3 of 2024 arising out of K. Asthan P.S. Case No. 348 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T