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Patna High Court/71284/2023allowed

Rohit Jha v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71284 of 2023 Arising Out of PS. Case No.-30 Year-2021 Thana- BIRUPUR District- Lakhisarai ====================================================== ROHIT JHA S/o- Karu Jha Village- Birupur Ps- Birupur Dist- lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under section 304 (B), 201, 34 of the Indian Penal Code which was earlier rejected vide order dated 10.01.2023 passed in Cr. Misc. No. 7901 of 2022 by this Court.

3. As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the daughter of the informant due to non-fulfillment of additional dowry demand and ultimately she was being killed by them and they disappeared her dead body.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the

Patna High Court CR. MISC. No.71284 of 2023(2) dt.03-11-2023 2/2 deceased and has been falsely implicated in this case. He has never demanded any thing from the deceased or her family members. In fact, deceased was ill and she died in way to hospital. Prior to the death of informant's daughter, there is no complain in respect of torture or harassment made by any one at her matrimonial home. Petitioner has got no criminal antecedent and languishing in judicial custody since 9.8.2021.

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, 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 only) with two sureties of the like amount each to the satisfaction of the learned Additional Distt. And Sessions Judge, Lakhisarai in connection withBirpur P.S. Case No. 30 of 2021.

(Sunil Kumar Panwar, J) sushma/- U