Patna High CourtCR. MISC./63450/2023bail granted

Ritesh Kumar v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63450 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- NEMDARGANJ District- Nawada ====================================================== Ritesh Kumar, Son of Late Suresh Prasad, Resident of Village - Nai Pokhar, Police Station - Rajgir, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offence(s) under Sections 304B/34 of the Indian Penal Code.

3. As per the allegation, the informant's daughter was killed by the accused person, namely, Sagar Kumar on account of non-fulfillment of dowry demand.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.07.2023 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner is not named in the FIR. His name has transpired in the present case in course of

Patna High Court CR. MISC. No.63450 of 2023(2) dt.10-10-2023 2/2 investigation. The petitioner is brother-in-law of the deceased. He is separate in mess and property from the husband of the deceased. The petitioner had no concern with the alleged occurrence. Vide Annexure 2, a petition has been filed before the Court below by the informant, where he has retracted from his earlier statement made in the FIR.

5. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

6. Considering the aforesaid facts and circumstances, 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 the Court below/concerned Court in connection with Namedargunj P.S. Case No. 40 of 2023.

(Sudhir Singh, J) annu/- U T