Bablu Kumar Vishwas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67282 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- JOKIHAT District- Araria ====================================================== Bablu Kumar Vishwas Son Of Kanak Lal Vishwas Resident Of VillageTekni, P.S.- Jokihat(Mahalgaon), District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Majid Mahboob Khan For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B, 34 of the Indian Penal Code.

It is a case of dowry death due to non-fulfillment of dowry demand after that this case has been lodged against the petitioner along with co-accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the deceased due to which he has falsely been implicated in this case. There is no prior complaint in respect of torture and dowry demand has been leveled against the petitioner. As per FSL report no Metallic,

Patna High Court CR. MISC. No.67282 of 2022(3) dt.01-05-2023 2/2 Alkaloidal, Glycosidal, Pesticidal or Volatile Poison could be detected in the viscera of the deceased rather she died due to septic in her uterus and premature delivery. It is further submitted that the petitioner has got no criminal antecedent moreover, he languishing in judicial custody since 15.09.2022.

Learned APP appearing for the state, learned counsel for the informant have vehemently 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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jokihar (Mahalgaon) P.S. Case No. 155 of 2022 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, Araria. (Sunil Kumar Panwar, J) Manish/- U T