Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66555 of 2023 Arising Out of PS. Case No.-815 Year-2021 Thana- NAWADA District- Nawada ====================================================== RAHUL KUMAR Son of Shailendra Ram Resident of Village-Lootanbigha, P.S.-Nagar, District-Nawada, Permanent Resident of Village-Mahiyara, P.S.- Rajauli, District-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2024 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)/34 of the Indian Penal Code.

3. As per prosecution case, it a case of dowry death of the daughter of the informant due to non-fulfillment of dowry demand. The petitioner is husband of the deceased.

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. It is further submitted that deceased was a short tempered lady who committed suicide by hanging herself. The petitioner along with his family himself brought the

Patna High Court CR. MISC. No.66555 of 2023(4) dt.02-02-2024 2/2 deceased at Sadar Hospital Nawada for postmortem. The postmortem report of the deceased also shows that the cause of death is Asphyxia due to hanging. The petitioner has no concern with the death of the deceased. He has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 4.8.2021.

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

6. In pursuance to the direction of Court, a report dt. 17th January, 2024 with regard to present stage of trial has been received by which, it appears that the no any prosecution witness has been examined as yet.

6. 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 Nagar (Nawada) P.S. Case No. 815 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 Chief Judicial Magistrate, Nawada. (Sunil Kumar Panwar, J) Amandeep/- U T