Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71050 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- BIRUPUR District- Lakhisarai ====================================================== Raja Kumar Son of Shri Baleshwar Pandit Village- Tal Sharma Rustompur Ps- Birpur Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amitabh Sohan, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Birupur P.S. Case No. 10 of 2024 instituted for the offence under Sections 304B/201/34 of the Indian Penal Code. 3.

As per prosecution case, daughter of the informant was done to death at her matrimonial house due to nonfulfillment of the demand of dowry by her in-laws. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-05-2024. Petitioner is stated to be a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.71050 of 2024(3) dt.21-11-2024 2/2 case. Petitioner is the husband of the deceased. It is mainly submitted that petitioner was not present at the time of occurrence. There is no specific allegation against the petitioner rather the deceased has committed suicide. Even as per postmortem report, cause of death is opined to be asphyxia due to hanging. It is lastly submitted that charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that informant as well as other witnesses have supported the case of the prosecution.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no cogent material against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Birupur P.S. Case No. 10 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T