Chandrashekhar Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71653 of 2023 Arising Out of PS. Case No.-199 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== Chandrashekhar Azad Son Of Shiv Shankar Mishra Resident Of Village - Sikandra (KICHARI Tola), Ps- Sikandra, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul, Adv.

Mr. Anuj Kumar, Adv.

For the Informant Mr. Saurav Barial, Adv.

For the State :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused persons have demanded dowry from the daughter of the informant and upon non-fulfillment of dowry demand, he inflicted physical and mental torture to the deceased and finally killed her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the charge has been framed in this case. He submits that as per inquest report of the deceased, cause of death has been assigned to sun stroke and high fever. He further submits that petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.71653 of 2023(9) dt.28-06-2024 2/2 para-3 of the bail application and he is languishing in judicial custody since 20.07.2023.

5. Learned APP for the State and informant oppose the prayer for bail submit that the petitioner is the husband of the deceased.

6. Considering the facts and circumstances of the case and the fact that the charge has been framed in this case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sikandra P.S. Case No. 199 of 2023.

7. However, petitioner is directed to cooperate in the trial and appear before the learned court below as and when required by the court. If the petitioner fails to appear before the learned court below on two consecutive dates without any plausible reason, his bail bond shall be cancelled by the learned court below.

(Anjani Kumar Sharan, J) devendra/- U T