Patna High CourtCR. MISC./58690/2022allowed

Bablu Kumar @ Bablu Jaiswal v. The State Of Bihar

2023-07-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 58690 of 2022 Arising Out of PS. Case No.-425 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== Bablu Kumar @ Bablu Jaiswal Son Of Vishwanath Choudhary Resident Of Village- Dariya Chhapra, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, it is a case of dowry death due to non-fulfillment of dowry demand. 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 this case. There is no prior complaint of physical misbehave and physical assault levelled against the petitioner. He has got no criminal

Patna High Court CR. MISC. No. 58690 of 2022(5) dt.12-07-2023 2/2 antecedent. The postmortem report not supported the prosecution version and from perusal of Viscera Report no poisonous material was detected in the body of the deceased. It is further submitted that the petitioner is languishing in judicial custody since 15.12.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Motipur P.S. Case No. 425 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Muzaffarpur.

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