Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62060 of 2022 Arising Out of PS. Case No.-317 Year-2021 Thana- TEKARI District- Gaya ====================================================== Kaushal Kumar Son Of Sri Devendra Kumar Singh @ Chhotu Prasad R/O Village- Law, P.S.- Tekari, District- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ramadhar Shekhar For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B, 201, 34 of the Indian Penal Code.

As per prosecution case, the informant alleged that the petitioner along with other co-accused persons used to torture and assault her daughter due to non-fulfillment of dowry demand. Thereafter, the informant came to know that her daughter has been killed by accused persons. Hence, the present FIR has been registered.

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

Patna High Court CR. MISC. No.62060 of 2022(4) dt.03-07-2023 2/2 regarding torture or misbehaving the informant daughter. It is also submitted vide para 12 of the petition that when the petitioner went out of his house, the deceased committed suicide herself thereafter, this information was given to the informant and on mutual consent, the dead body was cremated in the presence of family members and other local villagers. It is further submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 8.7.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tekari P.S. Case No. 317 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 J.M. 1st Class, Gaya.

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