Amit Kumar @ Shishupal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72269 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- SALIMPUR District- Patna ====================================================== AMIT KUMAR @ SHISHUPAL KUMAR Son of Upendra Prasad Yadav @ Upendra Prasad Village- Alipur Bihta Ps- Salimpur Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(B), 201/34 of the Indian Penal Code but charge-sheet has been submitted u/s 302/34, 304B/34, 201/34 of the IPC.
3. The allegation against the petitioner along with others is of killing the sister of the informant, due to nonfulfillment of further dowry demand.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.72269 of 2023(2) dt.28-11-2023 2/3 that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the deceased and informant is not an eye-witness of the alleged occurrence. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner and others. He submitted that the P.W.1 in his testimony categorically said after the death of the deceased, he went to her in-law's house and did not find any injury on the body of the deceased. He also deposed that there was no demand of dowry and the deceased was living happily in her inlaw's house. Similarly, P.W. 2 in his testimony said that the deceased was living happily with her husband and other in-law's family had not demanded any dowry. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 16.01.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.72269 of 2023(2) dt.28-11-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st, Barh, Patna in connection with Salimpur P.S. Case No. 95 of 2022.
(Sunil Kumar Panwar, J) Arish/- U T