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Patna High CourtCR. MISC./65774/2022allowed

Ranjan Poddar @ Ranjan Kumar Poddar v. The State Of Bihar

2023-08-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65774 of 2022 Arising Out of PS. Case No.-98 Year-2022 Thana- UJIYARPUR District- Samastipur ====================================================== RANJAN PODDAR @ RANJAN KUMAR PODDAR S/o Late Ram Shobhit Poddar R/o Village- Lakhnipur Mahesh Patti, P.S.- Ujiyarpur, DisttSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(B) and 34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the daughter of the informant, due to nonfulfillment of further dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.65774 of 2022(6) dt.02-08-2023 2/3 committed no offence. Petitioner is the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner and others. He submitted that the petitioner has admitted the deceased in Sadar hospital, Samastipur and he tried his best to save his wife, but she could not save, which is mentioned in vide para-54 of the case diary. As per FSL report of the deceased, it appears that Aluminium Phosphate was detected in this respect learned counsel for the petitioner drew the attention of this Court and submitted that an independent witness has stated that the deceased herself consumed poison and for her treatment the petitioner taken her to hospital, which is mentioned in vide para-34 of the case diary. The informant and other witnesses have not supported the prosecution case during trial. He is languishing in judicial custody since 05.04.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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

Patna High Court CR. MISC. No.65774 of 2022(6) dt.02-08-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Ujiyarpur P.S. Case No. 98 of 2022.

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