Vivek Raj @ Anil Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65066 of 2022 Arising Out of PS. Case No.-210 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== Vivek Raj @ Anil Pal S/O Naresh Bhagat, Resident of Village- Gogra Dam, P.S.- N.T.P.C. Khaira, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Sections 304(B), 201/34 of the Indian Penal Code.

As per the prosecution case, the informant's daughter was married to the petitioner Vivek Raj @ Anil Pal. After marriage the informant's daughter went to her matrimonial home. The petitioner and his family members started demanding Rs. 1,00,000/- as dowry from his daughter and on 19.08.2021 the informant was informed by the father-in-law of the deceased

Patna High Court CR. MISC. No.65066 of 2022(2) dt.13-03-2023 2/3 that after taking dinner his daughter fell asleep with her husband at her matrimonial home, when the deceased's father-in-law went to wake her up for making tea but she was found dead. The informant saw his daughter laying in the courtyard. The informant has further alleged that his daughter was killed by giving poison by the accused persons as mentioned in the FIR. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel further submits that prior to lodging the FIR, U.D. Case was lodged on 19.08.2021.The informant has stated in his petition dated 19.08.2021 that he has no doubt against any one regarding murder of his daughter. There is no need of postmortem of the deceased. The petitioner is in custody since 17.05.2022.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.65066 of 2022(2) dt.13-03-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Navinagar P.S. Case No. 210 of 2021, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) Arish/- U T