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Patna High CourtCR. MISC./63803/2023allowed

Jugeshwar Bind @ Dhoda v. The State Of Bihar

2024-02-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63803 of 2023 Arising Out of PS. Case No.-481 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== Jugeshwar Bind @ Dhoda Son Of Kishori Bind Residents Of Village - Jagdishpur Tiyari, Police Station - Noorsarai, District - Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 315, 120(B), 34 of the Indian Penal Code

3. As per prosecution case, it is a case of dowry death of the grand-daughter of the informant by the petitioner along with other co-accused persons due to non-fulfillment of dowry demand.

4. 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 against the petitioner regarding torture or harassment to the deceased. The real fact came into light during investigation is that the

Patna High Court CR. MISC. No.63803 of 2023(5) dt.23-02-2024 2/2 deceased committed suicide and when the death of the deceased message was sent to the informant thereafter he came and demanded illegal money, due to which some altercation has been taken place and this false case was lodged against the petitioner. By way of supplementary affidavit vide para-2, it is submitted that the informant has not supported the prosecution case during trial. The petitioner has got no criminal antecedent and languishing in judicial custody since 2.1.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Noorsarai P.S. Case No. 481 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Nalanda at Bihsarsharif.

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