Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63627 of 2022 Arising Out of PS. Case No.-315 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== SUMAN KUMAR S/O KAMLESHWARI SINGH @ KAMO SINGH Resident of village- Bhadas South, P.S.- Muffasil District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant 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), 120(B)/34 of the Indian Penal Code.

According to FIR, the informant alleged that the petitioner along with other co-accused persons used to torture & assault her daughter due to non-fulfillment of dowry demand. Thereafter, the accused persons killed her daughter by hanging. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in the present case. The petitioner was not present there on the alleged date & time of the occurrence and regarding this, Annexure-2 has been annexed with this petition.

Patna High Court CR. MISC. No.63627 of 2022(5) dt.03-07-2023 2/2 It is also submitted vide para 15 of the petition that the deceased was in love affairs with someone else and she was not happy with the marriage and due to this reason, she committed suicide by hanging herself. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 10.5.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the victim died within seven years of her marriage.

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 Khagaria (Muffasil) P.S. Case No. 315 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria. (Sunil Kumar Panwar, J) Amandeep/- U T