Vikash Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66639 of 2023 Arising Out of PS. Case No.-235 Year-2023 Thana- KOTWA District- East Champaran ====================================================== VIKASH THAKUR son of Jai Narayan Thakur Village- Machhargawan Gidrahan Tola W.No-13, Ps- Kotwan Dist- E.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anjum Akhter For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 304(B)/34 of the Indian Penal Code and sections 3⁄4 of the Dowry Prohibition Act. As per allegation in the FIR, marriage of informant's daughter (deceased) was solemnized on 2.5.2023 and due to non-fulfillment of demand of four wheeler car, she was done to death by pressing her neck.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased. He has been falsely implicated in this case. There is no prior complain regarding harassment or torture by any one at her matrimonial home. In fact, she was in love with one stranger since the date

Patna High Court CR. MISC. No.66639 of 2023(3) dt.04-12-2023 2/2 of her marriage, which was continuously objected by the petitioner and only because this reason, she committed suicide. As per postmortem report, doctor has also opined that deceased committed suicide by hanging. Petitioner has got no criminal antecedent and languishing in judicial custody since 13.7.2023. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that within two months of marriage, informant's daughter died at h er matrimonial home.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 only) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran in connection with Kotwa P.S. Case No. 235 of 2023.

(Sunil Kumar Panwar, J) sushma/- U