Patna High CourtCR. MISC./66015/2023bail granted

Vivek Kumar v. The State Of Bihar

2023-12-06Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66015 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- SHANKARPUR District- Madhepura ====================================================== VIVEK KUMAR Son of Rajendra Yadav R/o vill - Maura, ward no. 3, P.S. - Shankarpur, Distt. - Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Muskan Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2023 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Shankarpur P.S. Case No. 63 of 2023 registered for the offence under Sections 304B, 201 and 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is the husband of the deceased and is accused of killing the deceased for demand of dowry.

5. It has been argued by the learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case and the deceased has committed suicide. She was taken to hospital and in the post-mortem report no external injury has been found on the body of the deceased.

Patna High Court CR. MISC. No.66015 of 2023(3) dt.06-12-2023 2/2

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 25.04.2023.

7. Learned APP for the State and learned counsel for the petitioner vehemently opposed the prayer of the petitioner for grant of bail.

8. Considering the fact that this is a case of suicide and also considering the fact that the petitioner has taken his wife to hospital and also the fact that no anti-mortem injury has been found on the body of the deceased which will support the argument of the informant that the deceased had forcibly been administered poision, this application is allowed.

9. Let the petitioner, above named, be released on bail after framing of charge if the charge has not been framed yet on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Madhepura in connection with Shankarpur P.S. Case No. 63 of 2023.

(Sandeep Kumar, J) Vikas/- U T